Abusive Relationships & Family Law

Negotiating an agreement when there has been abuse can be difficult. A person who has suffered abuse may find it very difficult to be in the same room with the abuser. They may also not have equal bargaining power. Abusers often have considerable power and control over their victims. It can be very hard for fair negotiation to take place.

However, there are options for negotiation where the parties do not have to be in the same room. Your lawyer can negotiate for you. There are also other supports for victims of abuse that can make negotiation of an agreement possible. When there has been abuse, it is very important that victims not sign anything without getting legal advice from their own lawyer. Make sure you have the support you need throughout the process.

Spousal misconduct itself is not a factor to be considered when deciding whether to order spousal support or the amount. It will be relevant, however, if it has affected the abused spouse’s ability to, for example, earn an income. The Supreme Court of Canada outlined that there is a difference between the misconduct itself and the consequences of the misconduct. Abuse could, for example, trigger depression which prevents the victim from finding a job. This can play a role in deciding spousal support amounts.

Violence between parents, even though it is not directed at the children, impacts the children. People who are violent towards the other parent may be more likely to harm their child. Babies are at risk for being dropped or accidentally injured during violent episodes. A violent parent may use the child to intimidate or control the other parent. In serious cases, they may even abduct or harm the child. A parent who experiences family violence may suffer from low self-esteem and depression.

Children who witness violence between their parents are often terrified by it and do not understand what is happening. A child that is directly or indirectly exposed to family violence has experienced family violence. Even children who do not witness the violence are affected by living in a home where it is present. Children who live in homes where there is violence may have behavioural problems and low self-esteem. They may be at risk to be violent or be victimized by violence in their relationships later in life.

The law recognizes the impacts of family violence. If there is family violence, it must be considered whenever a parenting order is being made. Courts must consider any civil or criminal proceeding, order, condition or measure that is relevant to the safety, security and well-being of the child. See Best Interests of the Child for more information on the factors that are considered.

If there are concerns about a child’s safety, the court can order that the other parent’s time with the child be supervised. Even if parenting time itself is not supervised, exchanges of the child can be supervised so the child does not have to see any conflict or violence between their parents.

Under Saskatchewan law, married couples and couples who have lived together as spouses for two years or more have family property rights. They can ask the court for exclusive possession of the family home. This allows one spouse to stay in the home.

When deciding whether to make this order, courts will consider things like the conduct of the spouses towards each other and what is best for any children. Exclusive possession orders can be for a set period of time or for an unspecified length of time. The order can be changed if the circumstances change.

It takes time to go to court and get this kind of order. If you need immediate possession, see information on The Victims of Interpersonal Violence Act.