Post-separation parenting and the law
When a relationship ends, parents must sort out arrangements for the children:
- When the children will spend time with each parent, and
- Who has decision-making responsibilities about important things that affect the children.
Until these issues are resolved, the law sees both parents as equally responsible for the children’s care.
Family courts do not always understand violence against women in the family. Advocates need to know about the law and be prepared to support survivors to ensure that they get safe outcomes for themselves and their children.
Download the toolkit
The Luke’s Place toolkit contains legal information about the laws in Canada for arrangements for children after a relationship ends.
- English – The law and parenting arrangements after separation
- French – Les dispositions de la loi et les arrangements parentaux après une séparation en vertu de la Loi sur le divorce
How a survivor can use the toolkit
The toolkit provides tip sheets and checklists so a survivor can:
- Use the law to help the family court understand the impact of violence in their family
- Use the law to show the family court what will be best for the children after the survivor and their partner separate
- Communicate with the ex-partner in a safe and effective way
- Plan for safety
- Make changes in the future if necessary
National edition launched 2024