The court always makes decisions in the best interests of the child. Both Canada’s Divorce Act (for married people) and Alberta’s Family Law Act (for married and unmarried people) list family violence as a factor to consider when making a decision in the best interests of the children. However, the court does not have to make a certain decision just because there is family violence. The court may still decide it is in the child’s best interests to spend time with a parent who is causing harm to others. The court may find the person causing harm may still be able to safely parent their children. The court can order safety measures for a parent’s time with the children, such as supervision, time together only in public places, or contact only by phone or video chat. Read more about Children and Parenting if there is domestic violence (info sheet) and Parenting After a Separation or Divorce (FAQs). If one parent is wanting to move, the law says they must give notice of the move to the other parent unless the court says otherwise. If there is family violence, the court can waive the notice requirements for the moving parent. Read more about Moving and the Divorce Act (FAQs) and Moving With or Without Children (FAQs). Last Reviewed: January 2022