May 24, 2023 – Family Violence

“In McBennett v Danis 2021 ONSC 3610, the court described “family violence” under the recent amendments to the Children’s Law Reform Act as follows:

          1.  The definition of family violence specifically recognizes that conduct that may not constitute a criminal offence can constitute family violence for Family Law purposes.  The examples of conduct that constitute family violence is expansive, but it is non-exhaustive.   The broad definition recognizes the many insidious forms that domestic violence can take other than physical violence and accords each equal weight in the best interests assessment….
          2.   The broad definition of family violence and the specific inclusion of this factor as a mandatory consideration in determining the best interests of children recognize the profound effects that all forms of family violence can have on children.  These consequences can be both direct, if a child is exposed to the family violence, or indirect, if the victimized parent’s physical, emotional and psychological well-being are compromised, since these consequences in turn often negatively impact their ability to meet the child’s physical and emotional needs.”

         Bhadauria v. Cote, 2022 ONSC 3088 (CanLII) at 35