If your ex breaches a criminal Peace Bond, you should call the police immediately, but you cannot permanently deny court-ordered parenting time on your own. You must file an urgent family court motion to formally suspend or supervise their visits, which has no court filing fee ($0 CAD).
Navigating Criminal Breaches and Family Court Orders
Keeping your children safe is your absolute priority. When an abusive ex-partner violates a criminal Peace Bond or a bail condition (such as showing up at your house or sending threatening messages), it is terrifying. Many parents naturally assume that if the other parent commits a crime, their family court order for “parenting time” (formerly access) is automatically cancelled. 🚨
However, the justice system in Ontario divides these issues between two different courts. A criminal breach is handled by the police, but the family court order dictating the parenting schedule remains legally valid until a family judge officially changes it. Unilaterally withholding children without a valid emergency justification can lead to you being found in contempt of court. You must follow the proper legal channels to protect your family without hurting your own case. 📍
Step-by-Step Process for Suspending Parenting Time safely
When violence or threats occur, you must act swiftly in both the criminal and family law arenas. Whether you live in Mississauga, Hamilton, or Barrie, taking the right steps ensures your children remain protected while keeping you on the right side of the law. 📝
Step 1: Call the Police to Report the Breach
If your ex violates a “no contact” clause on their Peace Bond or probation order, call 911 or your local police non-emergency line immediately. Do not ignore the breach. The police will investigate and may arrest the abusive parent for a criminal offence. Having a formal police report is the strongest evidence you can bring to the family court. 👮
Step 2: Secure the Children’s Immediate Safety
If there is an imminent threat of physical harm or abduction, you have the right to withhold the child in that specific moment. Ontario law expects parents to act protectively in genuine emergencies. However, this is a temporary, emergency reaction, not a permanent solution. You must explain your actions to a judge as soon as possible. 💔
Step 3: File an Urgent / Ex Parte Motion in Family Court
To legally stop the visits long-term, your law firm will draft an urgent “Ex Parte” Motion (a motion held without notice to the abuser). You will submit a sworn affidavit to the Superior Court of Justice or Ontario Court of Justice detailing the breach of the Peace Bond and the danger posed to the child, asking the judge to temporarily suspend parenting time. ⚔
Step 4: Request Supervised Parenting Time
Courts prefer that children maintain a relationship with both parents if it is safe to do so. Instead of asking for a complete ban, your lawyer will often request that the ex’s parenting time be restricted to a supervised access centre. These secure facilities have security guards and trained staff who monitor the visits to ensure the child is never left alone with the abuser. 🔍
Step 5: Attend the Return Hearing
If the judge grants your urgent ex parte motion, they will set a “return date” usually within 14 days. At this hearing, the abusive parent will have the chance to defend themselves with their own lawyer. The judge will review all the police evidence and decide whether the supervised access or suspension should remain in place permanently. 💬
How Much Does it Cost in Ontario?
Emergency litigation is resource-intensive, but essential for safety. Budgeting for rapid legal intervention is a sad reality of leaving an abusive relationship. 💵
| Expense Type | Description | Estimated Cost (CAD) |
|---|---|---|
| Urgent Motion Lawyer Fees | Drafting affidavits rapidly and appearing before a judge. | $3,500 – $8,000+ |
| Court Filing Fees | Filing a Motion to Change at the Superior Court of Justice. | $0 |
| Supervised Access Centre | Hourly fees for using government or private supervised centres. | $10 – $150+ / visit |
| Process Server Fees | Safely serving the new court orders on the abusive ex. | $100 – $250 |
If you are fleeing violence and cannot afford these fees, contact Legal Aid Ontario immediately. They prioritize domestic violence cases and can provide emergency certificates to secure a lawyer.
How Long Does the Process Take?
When safety is at risk, the family court can move incredibly fast. An urgent ex parte motion to suspend parenting time can be drafted, filed, and decided by a judge within 24 to 48 hours. ⏱
However, that initial order is only temporary. Navigating the full process to change a final court order, including case conferences and presenting police evidence at a full hearing, usually takes 6 to 12 months to finalize in Ontario.
Frequently Asked Questions (FAQ)
Will the Children’s Aid Society (CAS) get involved?
It is very likely. If there is a breach of a Peace Bond involving domestic violence, police often notify the local CAS. CAS expects the safe parent to take protective action (like withholding access and filing a motion). If you continue to send the child to a dangerous abuser, CAS may intervene against you for failing to protect the child.
Can I just move to a different city secretly?
No. Even with a Peace Bond, moving a child far away without the other parent’s consent or a family court order is considered “parental abduction” under the law. You must ask the family court for a relocation order or an emergency mobility order before leaving your local jurisdiction.
What if we don’t have a formal family court order yet?
If there is no formal parenting order, both parents technically have equal rights to the child. However, if there is a criminal Peace Bond in place stating they cannot contact you, you can safely refuse to facilitate visits until they initiate family court proceedings to set up a safe, third-party transfer method.
Can a criminal judge cancel the family court order?
Generally, no. A criminal judge handles the criminal charges, and a family judge handles parenting time. However, criminal bail conditions almost always state that “no contact” rules apply EXCEPT for court-ordered access to children arranged through a safe third party. You still need the family judge to change the parenting schedule itself.
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