Research in Brief
Children Exposed to Domestic Violence: The Potential Impact of Family Lawyers’ Recognition of and Response to Domestic and Family Violence

This research summary is based on the report Children Exposed to Domestic Violence: The Potential Impact of Family Lawyers’ Recognition of and Response to Domestic and Family Violence, written by Alexandra Vincent for Women and Gender Equality Canada (WAGE), 2020.^{Footnote 1}

Background

Domestic violence and exposure to it are serious social problems. Exposing children to domestic violence is considered a form of abuse. Domestic violence is a gendered phenomenon whose victims are primarily women, often mothers. Violence does not stop following separation. With new issues such as post-separation parenting arrangements, it often continues or worsens after separation. Following a separation, violence often manifests itself as harassment or psychological abuse, which has an impact on children exposed to it.

Amendments to the Divorce Act that were proposed in 2019 and came into force on March 1, 2021 underscore the importance of considering any incidents of family violence in child custody decisions. This includes not only physical violence, but also coercive and controlling behaviours. The concept of coercive control provides a better understanding of domestic violence by defining it as a cluster of violent and controlling behaviours. This broader understanding of domestic violence helps to paint a more comprehensive picture of victims’ and survivors’ experiences and needs.

Method

This report is a review of the literature on domestic violence and children, covering works from various legal and academic sources as well as reports by organizations working in the gender-based violence sector.

The report is divided into two sections. The first section examines the consequences of domestic violence on children exposed to it. The potential impact of family lawyers’ recognition of and response to domestic and family violence is also discussed.

The second section addresses the potential family law response to domestic violence, children's involvement, and possible legal and non-legal responses. It also discusses various resources available to lawyers and other professionals in the family justice system.

Key findings

The report highlights the importance of considering children’s best interests in responses to domestic and family violence. For family lawyers, acting in a child’s best interests means:

• making the child’s voice heard by involving them in the process in ways appropriate for their age and level of maturity
• taking time to consider the child’s experiences, needs, and perspectives 
• informing the child of what happens during and after a separation
• placing more value on the child’s safety than on the ideal of coparenting, especially when one parent is violent

This report sets out several recommendations for lawyers and socio-legal professionals working in family law when handling cases of domestic violence:

• Consider the context and unique aspects of each case given that the same situation can affect people differently. 
• Consider the risks to children’s safety even if no physical violence has occurred. 
• Avoid the euphemisms “domestic dispute,” “healthy co-parenting,” and “parental alienation,” which minimize domestic violence and often lead to decisions that are not in children’s best interests.
• Create domestic violence screening tools to distinguish separation-related conflicts from post-separation domestic violence.
• Have a list of available resources to support victims, survivors, and children exposed to domestic violence (e.g., crisis line contacts, shelters, and leisure activities to alleviate isolation). 
• Work to recognize domestic violence in the courtroom. 
• Develop parenting plans that take children’s needs and safety into account. 
• Work with support workers, if applicable, to provide better support to parents who have experienced domestic violence.

The report also proposes changes to the justice system to improve responses to domestic violence:

• All family law professionals need to receive ongoing training on domestic violence and coercive control. 
• Improve coordination between the criminal justice, child protection, and family law systems. 
• Make it standard practice to assign a single judge to cases from the start of proceedings to the end.
• Improve children’s access to support services, such as individual psychosocial support, without requiring both parents’ permission.

Policy and program implications^{Footnote 2}

Two of the priorities set out in It’s Time: Canada’s Strategy to Prevent and Address Gender-based Violence and the National Action Plan to End Gender-Based Violence are supporting victims, survivors, and their families and promoting responsive legal and justice systems. This report clearly demonstrates that some changes need to be made in the legal system to support children exposed to domestic violence and meet their needs.

Training is needed to challenge preconceived notions on domestic violence in the legal system. Everyone involved in the process must be aware of the concept of coercive control and understand the difference between separation-related conflicts and domestic violence.

Future research needs to examine parenting arrangements in cases of domestic violence and the issue of children’s best interests. This research should focus on children’s perspectives to better understand their needs and experiences. This will help provide better support for children exposed to domestic violence and make changes to improve their experiences with the justice system.

In addition, research on the experiences of children from minority groups, such as Indigenous or newcomer children, is needed to better understand their experiences with the justice system and youth protection services.