Identifying Coercive Control in Canadian Family Law: A Required Analysis in Determining the Best Interests of the Child

Abstract

Amendments to the Canadian Divorce Act have required that family violence, specifically coercive controlling behaviour, be considered when making best interest determinations for children. This paper (1) outlines how this concealed, patterned, and harmful behaviour presents in family law disputes and (2) sets out considerations for parenting arrangements. It identifies the perils of subjective impressions as well as where the legal system and its interventions may be vulnerable to misuse. Children in families where coercive control is occurring are at risk of harm. The lack of intentional analysis of coercive control does not serve the best interests of the child.

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