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The Impact of Criminal Charges in Child Custody Cases


A lawyer examines legal documents.


Criminal charges and criminal convictions can have a very significant impact on child custody. Past criminal convictions can be considered in pending child custody litigation and new criminal charges can make existing parenting arrangements difficult or impossible to follow. Let’s have a look at some of the important ways that family law and criminal law intersect.

 

Criminal record can be considered in child custody ligation

 

The details of a parent’s criminal record can be introduced in a child custody case. A family court judge can consider a parent’s criminal record as a way of measuring their character. The existence of a criminal record can negatively impact the outcome of the case particularly if the previous conviction(s) relate to violent crime, crime that is sexual in nature, crimes against the child, and/or drug and alcohol related offences.

 

Convictions for such crimes can discredit a parent’s parenting ability. The judge may conclude that the parent is not fit to make decisions on behalf of the child, that the parent is not fit to be alone with the child or that the parent is not fit to care for the child at all. The guiding principle in all child custody matters is the best interests of the child.

 

If the previous conviction(s) are dated, isolated, resulted in a discharge or stem from crimes unrelated to family violence, a parent can argue that their criminal record should not affect parenting time or parenting responsibilities. It is highly recommended that you reach out to a British Columbia family lawyer if you are concerned about how your criminal record may be used against you in a separation or divorce or if you want to discuss ways to minimize the impact of your criminal conviction as it relates to parenting issues.

 

Criminal charges can make parenting arrangements challenging

 

The process of separation and divorce can be chaotic. When criminal charges arise during a separation or divorce or one spouse obtains an emergency protection order to protect them and/or their children, it can make things even more challenging.

 

Family violence, abuse and harassment are taken very seriously by the BC courts whether they occur during the relationship or after the relationship has broken down. In criminal cases involving allegations of intimate partner violence or child abuse, it is common for the court to impose “no-contact” conditions with the complainant and/or children and “no-go” conditions such as restrictions on attending the complainant’s home, place of work, children’s schooletc. Such conditions can be vital to protecting the safety and security of at risk parties from further

threats, harassment or violence.

 

However, such conditions in a protection order or bail order can make existing parenting arrangements difficult if not impossible. The usual parenting schedule may conflict with the bail order or protection order. Communication and co-operation between the parents on issues affecting the child may no longer be appropriate. Pick up and drop off for parenting time may need to be altered or facilitated by friends or family members. The at-risk parent may choose to withhold the children from the accused person even if the criminal charges do not result in conditions that reduce or eliminate parenting time. This may require an application to change the parenting times in the current court order.

 

If you are being denied access to your children due to pending criminal charges or you have been served with a Without Notice Protection Order that prevents you having parenting time with your children, you should consider speaking with Valerie, our New Westminster family lawyer, about your legal options including applying to set aside the without notice restraining order.

 

Danger of using criminal law to gain advantage in child custody matters

 

It is unfortunately true that criminal interventions are at times used in an attempt to gain a strategic advantage in child custody litigation. A parent may fabricate allegations of violence or convince the court that there is a risk of family violence where in fact none exists.


Our skilled child custody lawyer has successfully fought back against the inappropriate use of criminal charges to enhance a parent’s legal position in a family court case. For example, Ms. Little succeeded in obtaining sole custody for a father who was falsely accused of sexually assaulting the parties’ young child. When the parties separated in 2017, the mother alleged the father had sexually abused the child. The mother refused to allow the father to see the child for five months, despite the courts finding no substance to the mother’s allegations and the dismissal of the criminal charges against him.

 

In the family law case, the evidence satisfied the court that the mother’s actions were calculated to interfere with — if not completely destroy — the father’s relationship with the child. It was also clear to the court that the mother would continue to ignore court orders. In the result, the court ordered that the child be removed from the mother’s care and placed with the father on an interim basis with the mother to have supervised access only. A police assist clause was included to ensure enforcement of the order.

 

Get trustworthy legal advice from our family law firm

 

New Westminster family lawyer Valerie M. Little provides calm and professional support during very stressful circumstances. She has extensive experience in obtaining and setting aside BC family law protection orders and advocating for parents in child custody litigation. Every situation is different. Whatever your situation may be, Valerie’s focus is to care for your legal needs so you obtain the best possible result for you and your children.

 

Valerie M. Little Law Corporation is a family law firm that is centrally located in New Westminster and serves the surrounding areas of Burnaby, Maple Ridge, Coquitlam, Port Coquitlam, Vancouver, North Vancouver, West Vancouver, Port Moody, Richmond, Surrey, Cloverdale, Delta, and Langley. For guidance and legal advice customized to your situation, we welcome you to contact our family law firm today by email or telephone at 604-526-3333.

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