Family violence can impact custody, access decisions

While evidence of domestic violence does not impact the financial outcome of a separation, it can factor into decisions around child custody and access, says Vaughan family lawyer Paul Mazzeo.

“Family law legislation in Ontario is a no-fault system,” says Mazzeo, principal of Mazzeo Law. “Intimate partner violence doesn’t make support or equalization lesser or greater. Where it’s most relevant is with issues relating to children.”

For example, if parents are trying to establish joint custody, they need to work together on a decision. But if there was an abuse of power in the relationship — whether there was physical violence or not — it would likely be difficult for the parties to agree on a parenting arrangement, he says.

It’s also important to consider the safety of the children, Mazzeo tells says.

“If there was violence in the household, it can’t be ignored because you don’t want to expose the children to an environment that’s dangerous or unhealthy,” he says.
Mazzeo says in his experience, ex-spouses are generally safely removed from violent situations by the time they approach him for legal advice. But if there is a threat of harm, he advises they contact authorities immediately.

However, allegations of violence are often disputed by the other party. If proof of abuse is necessary for custody and access decisions, police reports are one of the best forms of evidence, he adds.

A judge will consider what happened with the complaint, whether the individual was charged and if they were convicted, Mazzeo says.

“Typically police reports provide the greatest indication of who’s telling the truth,” he says. “But they’re not foolproof and there are many who suffer abuse and don’t report it for various reasons. Many other times it’s reported and police either don’t lay charges or the accused is not convicted.”

While domestic violence is a factor leading to marriage breakdowns, Mazzeo says he sees a combination of issues before separation takes place.

The stress of financial hardship, infidelity or other problems may go along with the abuse, he says.

Mazzeo, who has an academic background in psychology, says he always remains compassionate with clients who are going through a separation after suffering from abuse.

“It may not be part of my job as a family law lawyer, per say, but I feel it’s important that I do everything I can to help on a human level,” he says. “When a client is going through trauma, I’ll help them explore options, such as calling police, asking if they have somewhere else to stay, or speaking to a qualified counsellor or mental health practitioner.”

For more family law news and information please visit http://www.mazzeolaw.ca/

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