“With respect to the parenting issues, the only material change which requires a “fresh inquiry” into the best interests of the children is the distribution of parenting time between the parents. Recent amendments to the Divorce Act direct the court to consider family violence in assessing the best interests of children, including its impact on the ability and willingness of the person engaged in family violence to care for and meet the needs of the children, and the appropriateness of making an order requiring cooperation on issues affecting the children. Factors to be considered include:
(a) the nature, seriousness and frequency of the family violence and when it occurred;
(b) whether there is a pattern of coercive and controlling behaviour in relation to a family member;
(c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;
(d) the physical, emotional and psychological harm or risk of harm to the child;
(e) any compromise to the safety of the child or other family member;
(f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person;
(g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and
(h) any other relevant factor.”