Relevance of violence by household members

[InsideOut]

Hi All,

I’m wondering if violence and abuse by household members towards a child is relevant in determining the best interest of a child? Are there any cases on canlii that you are aware of this?

Is it just the parents and grandparents?

[rockscan]

Hi All,

I’m wondering if violence and abuse by household members towards a child is relevant in determining the best interest of a child? Are there any cases on canlii that you are aware of this?

Is it just the parents and grandparents?

Has CAS been called! Have they filed a report? Requested changes to the living conditions?

I believe having all of that would be the first step.

[respondent]

Has CAS been called! Have they filed a report? Requested changes to the living conditions?

I believe having all of that would be the first step.

Maybe there are some extreme cases like both parents addicted and CAS is needed, but otherwise I don't see evidence they are wise use of tax payers dollars, and I do know real story where they been told by a child that one of the parents using force to "discipline" - they hadn't done anything.

What would most likely happen they would take an interview of both parents and children, ask to show them child's bedroom to ensure it has regulation size windows, will do some follow up and then in 3 months will close the file.

Then lawyers on both ends would request the disclosure, CAS will provide it, lawyers on both ends would be reading it and charging you, but the ultimate result will be zero, except of money spent on lawyer.

If there were bruises - call police, but CAS typically useless, especially when they hear "divorce" - they aren't fool and know that one or both parents will try to use them as pawn to write report in their favor.

[rockscan]

OP is asking about a household member and that means it’s not the other parent. For something like that a judge would look at police reports, cAS reports, hospital reports as well.

People make outlandish claims of abuse to gain the upper hand. A judge isn’t going to remove a child from a home without a full investigation and proof.

[InsideOut]

I think even with bruises, if the parent says they were disciplining the child, the police will just document it and close out the file.

But the question is about historical incidents of other household members. As in, x years ago, police was called a few times because these people were having a fist fight in front of the children. For the last x years, these people have not been around children. Now someone is proposing to have a child is love with them. Does the court only look at the child’s parent? Or are the other household members relevant?

[rockscan]

Unless they have actually harmed the child and/or they have an order to not be around the child then it is probably not relevant. Not to mention unenforceable.