Parenting After an Emergency Protection Order

With the implementation of the Protection Against Family Violence Act in Alberta, Emergency Protection Orders (“EPO’s”) have unfortunately become all too common in the family law world. Often, clients come to MD Law Group after an EPO has been granted against them and they are distraught because they are no longer able to see their child(ren).

EPO’s are granted by a Court when:

• violent or threatening behaviour occurs between family members
• there is evidence that immediate protection is necessary
• family violence will resume or continue

Often, when a parent has an EPO awarded against them due to domestic violence allegations made by their partner, the no contact provisions within the EPO include the child(ren) of the relationship. This is devastating for the parent that has had the EPO awarded against them because they can no longer legally see their child(ren). It is essential for parents who have had an EPO awarded against them to know that the terms of an EPO can be varied by a Court of competent jurisdiction.

What does this mean? If an EPO is awarded against you, this does not prevent you from making an application to Court to seek a Parenting Order.

For example, most EPO’s have a clause contained within the Order which states that:

Any custody, access or parenting time granted to the Respondent in relation to the child(ren), and by Order of a court of competent jurisdiction granted hereafter or by agreement of the parties, shall not constitute a breach of this Order.

If you make an application to Court for a Parenting Order

The Court must consider what is in the best interests of the child(ren), when considering whether it is appropriate to grant parenting time. If you have had an EPO awarded against you and you show the Court that it is in the best interest of your child(ren) that they have parenting time, then the Court may grant a Parenting Order and this may vary the terms of the EPO by allowing you to have either visitation with your child(ren) or have reasonable or generous parenting time with your child(ren).

EPO’s are an important mechanism for Courts in Alberta to utilize judicial intervention as a manner to safeguard the interests of families once there have been allegations of violence or threatening behaviour between family members. However, children are often caught in the crossfire between parents who are making domestic violence allegations against one another and often, one parent is disallowed from seeing their child(ren) after an EPO has been Ordered.

Co-parenting after an EPO is possible and is often essential to safeguard the best interests of the child(ren) of the relationship. If you or someone you know requires representation in relation to an EPO or parenting time, please contact MD Law Group; we are here to help you.