Your Guide to Child Custody and Protection as a Survivor in Vancouver

Navigating child custody as a survivor in Vancouver can be complex. This guide offers essential information and resources to help protect your children and secure their well-being.

For survivors of domestic violence who are also parents, the family court process regarding child custody and protection can be particularly challenging and fraught with safety concerns. In Vancouver, BC, the legal system prioritizes the best interests of the child, which includes their safety and security. This guide provides essential information and actionable steps to help you navigate these crucial legal proceedings and protect your children.

It's vital to remember that your experiences and safety concerns as a survivor will be taken into consideration by the court. You have rights, and there are resources available to support you in advocating for the well-being of your children.

In British Columbia, all decisions regarding child custody and access are based on the "best interests of the child." This principle considers various factors, including:

• The child's physical, emotional, and psychological safety, security, and well-being.

• The child's views and preferences (depending on their age and maturity).

• The child's relationship with each parent, siblings, and other significant people in their life.

• Each parent's ability and willingness to provide for the child's needs.

• The history of family violence and its impact on the child and the parent's ability to care for the child.

1. Safety First: Your safety and the safety of your children are paramount. Inform your lawyer and the court of any protection orders, no-contact orders, or safety concerns you have regarding the other parent.
2. Legal Representation is Crucial: Seek legal counsel from a lawyer experienced in family law and cases involving domestic violence. They can advise you on your rights, help you gather necessary evidence, and advocate for your children's best interests in court. Legal Aid BC may be an option for those who meet financial eligibility criteria.
3. Document Everything: Keep detailed records of any incidents of abuse, threats, harassment, or concerning behavior by the other parent, especially as it relates to the children. This documentation can be crucial evidence in court. Include dates, times, specific details, and any witnesses.
4. Focus on the Child's Perspective: While your experiences are important, the court's primary focus will be on the child's well-being. Frame your concerns and requests in terms of how they impact your child's safety, stability, and development.
5. Consider Supervised Access or No Access: If there are serious safety concerns, your lawyer can help you request supervised access or even no access for the other parent. The court may order professional supervision at a designated facility or by a trusted third party.
6. Communicate Through Your Lawyer: To minimize direct contact and potential conflict with the other parent, communicate all matters related to custody and access through your legal counsel.
7. Co-Parenting vs. Parallel Parenting: In situations involving a history of abuse, traditional co-parenting (frequent communication and joint decision-making) may not be safe or appropriate. Your lawyer can advocate for a parallel parenting plan, where each parent makes independent decisions regarding the children during their respective parenting time, with minimal direct interaction.
8. Involve Child Protection Services (if necessary): If you have serious concerns about the other parent's ability to safely care for your children (e.g., ongoing abuse, neglect, substance abuse), consider contacting the Ministry of Children and Family Development (MCFD) in BC. They can investigate and take steps to ensure the children's safety.
9. Attend Parenting Programs: The court may order parents to attend parenting programs. Completing programs that address domestic violence and its impact on children can demonstrate your commitment to your children's well-being.
10. Be Prepared for Court Processes: Understand that custody disputes can involve various court appearances, including initial hearings, mediation (if deemed safe and appropriate), and potentially a trial. Your lawyer will guide you through these processes.

• Legal Aid BC: Provides legal assistance to eligible individuals in family law matters.

• Victim Services BC: Offers support, information, and referrals to victims of crime, including domestic violence. They can also help with applications to the Crime Victim Assistance Program (CVAP) for legal fees and counseling.

• B.C. Society of Transition Houses: Provides a directory of transition houses and outreach programs for women and children experiencing violence.

• WAVAW Rape Crisis Centre: Offers support and advocacy for survivors of sexualized violence.

• Family Justice Centres: Offer information, resources, and some services to families navigating separation and divorce.

• Child Advocacy Centres: Provide coordinated support and services for children and youth who have experienced abuse. Search for the centre serving your area in Vancouver.

• Parenting Education Programs: Numerous organizations in Vancouver offer parenting programs that can be beneficial in custody disputes.

Remember that children exposed to domestic violence can also experience trauma. Seek professional support for your children from therapists specializing in child trauma. Creating a stable and safe environment is crucial for their healing.

Navigating child custody and protection as a survivor requires strength and careful planning. By understanding your rights, seeking legal support, and prioritizing your children's safety, you can work towards a secure and positive future for your family in Vancouver. You are not alone, and help is available.