In Alberta, new rules require family violence screening in divorce and separation proceedings. This guide explains what domestic violence screening is, why it matters under the amended Divorce Act, how the process works, and what clients should expect when navigating family law with a history or risk of domestic violence.
Understanding Domestic Violence Screening in Canadian Family Law
When people hear “domestic violence,” they often think of physical assault—but under Canada’s revised family law framework, the concept is broader and more nuanced. The term family violence (often used interchangeably with domestic violence in this context) now encompasses a wide range of harmful behaviour, including coercive and controlling actions, threats, psychological abuse, financial manipulation, and exposure of children to violence.
Domestic violence screening refers to the practice of assessing whether one or more parties in a family law matter have experienced or pose a risk of family violence. In a separation or divorce context, the goal is to identify whether there has been or is an ongoing pattern of abuse, assess the nature of that abuse, and understand how it might affect the safety, parenting, and dispute resolution dynamics. Because the screening is not limited to criminal acts, it can capture subtler forms of abuse such as coercive control.
In Alberta specifically, domestic violence screening plays a crucial role not just in court, but also in the alternative dispute resolution (ADR) processes that the courts often require or encourage. The screening ensures that mediation or negotiation is safe and appropriate given the power dynamics between the parties.
Why the Divorce Act Now Requires Consideration of Family Violence
Federal Reform: Elevating Safety in Parenting Decisions
In March 2021, Parliament introduced major amendments to the Divorce Act to explicitly require courts to consider family violence when making parenting orders.
Under the new section 16(3)(j), a court must consider “any family violence and its impact” on:
- The ability and willingness of a person who engaged in violence to parent and meet children’s needs
- Whether orders that require cooperation or joint decision-making remain appropriate
- Any relevant civil or criminal orders or proceedings relating to the violence
By elevating family violence as a mandatory factor, the amendments aim to better protect children and survivors, ensuring safety is not sidelined simply because no criminal charge was laid.
Why Family Lawyers Must Screen
Because the Divorce Act now mandates that courts address family violence, family lawyers must assist clients in identifying and articulating relevant information about domestic violence. Ethical and professional obligations require lawyers to recognize power imbalances and protect vulnerable clients.
Moreover, in Alberta, the court-mandated ADR process may not proceed unless a screening has occurred. This obligation effectively makes domestic violence screening a procedural gateway: lawyers must assess the safety and suitability of ADR for their clients before proceeding with mediation or collaborative processes.
Why Domestic Violence Screening Matters in Alberta
Protecting Safety and Preventing Harm
A properly conducted domestic violence screening can uncover hidden patterns of coercion or control that might otherwise be overlooked. Identifying risks early allows the legal strategy (negotiation, safety planning, or protective applications) to be shaped accordingly.
Evidence suggests that the period around separation is a high-risk time for escalation of domestic violence. Screening helps prevent further harm, especially to children.
Influencing Parenting and Enforcement Orders
Because courts must consider family violence in parenting decisions, screening results and related disclosures can affect:
- Whether joint decision-making or cooperative parenting orders are feasible
- Whether supervised or restricted contact is needed
- The weighting of safety considerations over maximum time with each parent
If screening reveals a high risk to a child or a parent, the ADR process may be halted or adapted (e.g. separate sessions, shuttle mediation, court-based processes instead).
Recognizing Non-Physical Abuse
A major benefit of mandated screening is its ability to surface “non-violent” forms of abuse (e.g. psychological, financial, emotional, coercive control) that are often minimized or dismissed. The Divorce Act’s definition of family violence explicitly includes patterns of coercive and controlling behaviour.
This shift helps ensure that clients living with non-physical domestic violence in Alberta receive a fairer assessment of risk and harm in family law proceedings.
What the Screening Process Looks Like in Alberta
Below is a high-level overview of how domestic violence screening typically proceeds in family law matters in Alberta:
|
Step |
Description/Purpose |
|
Initial intake/assessment |
The lawyer asks screening questions at intake (or refers to a designated screening service) about past or ongoing violence, control, threats, coercion, or abuse. |
|
Risk and severity assessment |
If any red flags arise, a deeper assessment is done to understand frequency, severity, patterns, and risk of escalation. |
|
Decision on ADR suitability |
The lawyer (and possibly a neutral third party in ADR) reviews whether mediation negotiation is safe or whether separate/court-based processes are more appropriate. |
|
Safety planning and supports |
If screening indicates risk, the client may be referred to domestic violence supports, protection orders, or safety measures (e.g. supervised parenting, restraints). |
|
Documentation and disclosure |
The lawyer incorporates relevant disclosures into court filings or to the ADR neutral party as needed, ensuring sufficient detail to guide judicial decision-making. |
|
Ongoing reassessment |
As the case evolves, screening can be revisited (e.g. if new facts emerge or circumstances change). |
In Alberta’s ADR framework, the screening must often involve a neutral third party knowledgeable about parenting and family violence issues, who can assess whether mediation is appropriate given client safety.
It is also important to note that there is no single, nationally standardized screening tool exclusively for family law practice in Canada. Screening approaches may vary across legal practices and jurisdictions.
Practical Tips for Clients Facing Domestic Violence Concerns
- Be open and honest with your lawyer: Full disclosure of concerning behaviours or incidents (even if they seem “small”) helps your lawyer design a safer process and more robust case.
- Keep documentation: Maintain a journal of dates, times, witnesses, texts/emails/screenshots, and threats. These can support the screening and any safety applications.
- Ask about protection orders: In Alberta, survivors may seek protection through the Protection Against Family Violence Act.
- Use Clare’s Law disclosure: Alberta’s Clare’s Law gives individuals the option to request information about a partner’s history of domestic violence or stalking.
- Do not proceed with ADR blindly: If you don’t feel safe or suspect coercive influence, insist on safety modifications (shuttle mediation, separate rooms, counsel attendance) or request a court-based path.
- Reassess as things change: Violence or threats may escalate during litigation—stay in touch with your lawyer and alert them to new incidents.
Conclusion: Safety at the Centre of Separation
For clients in Alberta, the intersection of domestic violence screening and the Divorce Act represents an important shift toward prioritizing safety and fairness. The screening requirement is not a mere formality, it is a protective mechanism embedded in both ADR and court-based family law processes.
At Richmond Tymchuk Family Law, we are committed to guiding clients through the screening process sensitively and strategically, ensuring your safety and that of children is central to all legal decisions.
If you or someone you know has concerns about domestic violence in Alberta, reach out for a confidential discussion about how screening works in your case and how we can support you.
