July 11, 2025 – Allegations Of Family Violence on Interim Motions

“This Court must regularly consider allegations of family violence on an interim motion when, like in this case, there are competing versions of facts.  The Legislature has nonetheless directed this Court to consider family violence and its implications even when making parenting orders – temporary or final.  The allegations cannot be ignored.  This presents challenges when the Court is forced to make interim findings on a contested affidavit record.

Regrettably, there are cases where one parent makes false allegations of abuse, in the hopes of securing an “upper hand” in the family litigation.  This is a reprehensible tactic because it can wrongfully deny children time with a parent.  Alleged abusers often respond by saying the allegation is false and a mere tactic.  When criminal charges are laid against an alleged abuser, that party may be instructed by criminal cases to be careful in responding to abuse allegations in the family proceeding.”

De Rocchis v. De Rocchis, 2024 ONSC 3983 (CanLII) at 27-28

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