Évaluation des facteurs reliés à la violence familiale dans le cadre de la jurisprudence portant sur la garde d'enfants
Violence against a family member, also called " family violence ", is frequent in child custody cases heard by the Superior Court, Family chamber. The trial judge must therefore analyze the delicate question of determining which custody arrangement must be given to the parent who committed family violence. Is there a risk for the child’s safety, his health or his well-being ? Is shared custody still possible ? Nothing is ever black or white. Certain factors related to family violence will militate in favor of a limitation of contacts and/or a supervision between the perpetrator and his child, while other factors will have no effect. The author will therefore analyze factors relative to the people implicated in cases of family violence, who are the victim and the perpetrator. Also, she will examine factors related to the act, either by the nature, the seriousness, the recurrence and the temporal context, in order to highlight Quebec jurisprudential trends on the matter.
Abus Parent Family violence Domestic violence Marital abuse Custody Access Parent Child