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Domestic violence and custody rulings: What to know

On Behalf of | Sep 14, 2022 | Divorce

You and your spouse are going through a divorce. Unfortunately, the reasons behind the divorce are quite unpleasant and violence has occurred. You’re happier now in the sense that you’ve moved away from a toxic relationship. However, you have a child together and you’re concerned about custody in the future. 

How will allegations of domestic violence impact a custody ruling? 

What is the legal evidence?  

The courts try to operate in an unbiased nature, meaning that they look carefully at the evidence. If you are saying one thing and your spouse is saying another, then it can be hard to establish the truth. Nonetheless, if you have filed reports with the police and your ex has been convicted, this will solidify your claims. 

What is the potential impact on custody?

The courts are generally reluctant to prevent one parent from seeing their child altogether. They will consider the circumstances of the case carefully. If the violence occurred many years ago and there have been no repeats, restrictions to custody could be minimal. 

If violence has been recent and even ongoing, the court will take this very seriously. If there is any risk posed to either you or the child, then custody might be restricted in the way of supervised visits. This means that your co-parent can still have access, but only in a safe space under supervision. 

In the most severe cases, the family court does have the power to completely revoke custody rights on either a temporary or permanent basis. 

As a parent, the welfare of your children is paramount. Navigating a divorce on your own is not easy, so make sure you seek some legal guidance