How Can You Prove Child Abuse in Court in Mississauga?

Prove Child Abuse

Defining child abuse can be difficult. A person must know how child abuse is defined in their province or the province that has jurisdiction over their child to prove child abuse. Children abuse can be classified into four types:

1. Emotional Abuse

Children are most likely to be abused in this way. Children can suffer many types of emotional abuse. Any behaviour that causes emotional harm can be classified as emotional abuse, such as rejection, abandonment, verbal abuse, or aggressive parenting. 

2. Neglect

Parents and caregivers who do not adequately provide for children’s needs are considered neglectful. Neglect is a form of child abuse, which encompasses all types of abuse.

A child beaten is deprived of the right to a safe, pain-free environment. Screaming and yelling at a child all the time does severe damage to the child’s psyche. When a parent fails to provide food, housing, medical care, adequate supervision, or proper education to their child, the court considers them neglected. However, as a matter of law, neglect is defined as the omission to provide a child with basic needs. 

3. Physical Abuse

There is no need to define this one. Everyone knows what constitutes physical abuse and what does not. It is against the law to hit, slap, or cause physical harm to a child. Physical abuse is the easiest form of abuse in Family Court to prove. It falls under the same laws that govern “domestic abuse.”

4. Sexual Abuse

Any act of sexual intimacy between an adult and a minor or any exposure of the minor to inappropriate activities or materials is considered abusive. The child may be abused regardless of whether they have contact with another adult or child.

For instance, if a mother engages in sexual activity in front of her children, she sexually abuses them. A father does not have to touch his child sexually to be guilty of abuse. If he engages in conversations about sex unsuitable for the child’s age, he may encourage them to watch pornography online. 

It is a good idea to take your child to a doctor if they start to behave abnormally, show a heightened interest in sex for their age or have bruises and abrasions that cannot be explained. This indicates that something unpleasant is going on in your child’s life.

Proving Child Abuse in Court

Documenting everything you do is the first step to proving your child is being abused. Write down any bruising or behaviour that you feel indicates a problem is occurring, and take pictures and videos. Document every instance in which you suspect something is going on. Both your doctor and the court should be aware of this evidence. To prove abuse and modify a custody agreement, you need a family lawyer willing to fight for your rights. 

Imminent Danger

Your child is in “imminent danger” if your child has a black eye given to them by the mother’s boyfriend living in the home. For example, your child may be hit again by the mother’s boyfriend after returning home from weekend visitation if the child has a black eye after returning home from weekend visitation.

If this is the case, you’ll need to contact an attorney to help you file a petition for an urgent change of custody to the courts.  The court can get a better picture of the child’s injury by viewing photos of the child, a doctor’s report, and witness testimony, as well as other evidence.

How To Prove Yourself “Fit” and The Other Parent “Unfit?”

Your parenting skills and lifestyle will also be tested, as will those of the abusive parent.

You cannot ask the court to take back custody of your child from an abusive parent if you don’t live a clean lifestyle. The abuse can be proved unfit if you have the child’s statements, doctor’s reports, and medical reports to prove it. Now, how will you demonstrate your fitness?

How to Prove Yourself “Fit” 

Divorced parents need to be more aware of remaining “fit” to raise their children than their married counterparts. As we all know, divorce means entering the Family Court system into your life, and once that has been accomplished, you either want to live beyond reproach, or you risk having the court interfere with your relationship with your child. 

Here’s how you can accomplish this:

  • Learn how to be a good parent during a divorce. Depending on the state, parenting classes may or may not be required. No matter what, take a parenting class. 
  • Keep a record of your monthly drug tests so that you will have proof that you do not use illegal drugs in court.
  • If you do not have a job, get one. In the event that you cannot support your child, the court will not grant you custody.
  • While your child is in your home, do not cohabitate with someone of the opposite sex. You can date if you want, but don’t bring your child into your dating life.
  • Be able to provide suitable living conditions for your child. The child should have a separate bedroom in a safe neighbourhood. 
  • You should be choosier about who you call your friends if you hang around former felons with questionable behaviour. Provide your child with examples of good morals and character from friends and family members.
  • Your ability to co-parent your child civilly must be demonstrated to the court. Making your ex’s life a living hell will make the court frown upon you. 


The only way to prove child abuse is to show a court, through your attorney, that you are capable of parenting your child better. As a parent, it is your duty to step up and seek custody if you fear your child will be harmed or in imminent danger.

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Written by: the Divorce Fast Team

Our team of Ontario lawyers has over 15 years of experience handling divorce and other family law matters.

All of our lawyers are in good standing with the Law Society of Ontario, and have the knowledge and experience to help and guide you through your family law issues. Whether your matter pertains to divorce, separation, custody/access, or support claims, we are the firm for you.

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