Not according to this recent court case.
In the case of Theriault v. Ford, 2022 ONSC 3619 (CanLII), the parents were married in 2013 and had two children (9 and 6). They separated in October 2021, when the mother made criminal allegations against the father which resulted in him being criminally charged with assault and released on conditions not to communicate with her. The father entered into a Peace Bond and so the criminal charges were subsequently withdrawn.
In Family Court, the father requested equal parenting time. The mother requested an order that the children reside primarily with her.
The judge considered what the status quo was when the family was together. Both contended that they were primarily responsible for parenting the children. The judge concluded that both parents held a strong bond with the children and were capable of providing them with stability.
As for the history of domestic violence, the judge set out appropriate boundaries in an order and so there was otherwise were no reason why the children’s best interests could not be served by having maximum parenting with each parent.
The father’s motion was granted, and the mother’s motion was dismissed.
LINK: https://www.canlii.org/en/on/onsc/doc/2022/2022onsc3619/2022onsc3619.html
Editorial Note: Originally published in 2022, this post examines a real Ontario court decision where shared parenting was ordered despite past allegations of domestic violence. The case highlights how courts assess parenting arrangements based on the specific facts and the child’s best interests, not simply on the presence of a criminal complaint. This summary is intended to illustrate the complexity of family law decisions — not to generalize or minimize the impact of domestic violence.
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
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