The intersection between criminal law, family law and child protection in domestic violence cases

However, as the overriding objective of the child protection system is the best interests of the child, the purview of child protection legislation is broader than that of criminal law. [...] The terms of the interim judicial release in the criminal proceeding effectively gave custody to the father, restricted access to the mother, and essentially granted the father exclusive possession of the matrimonial home. [...] The way that the criminal justice system approaches the commencement of these matters, however, often wreaks family law havoc with the family unit of the defendant and the complainant, and in particular the children of those parties. [...] The criminal justice system pays no attention to such interests because it is not geared up to do so nor are the participants widely trained in how the actions of the system — from the officer who refuses to release the defendant at the station, to the duty counsel who allows the defendant to agree to inappropriate conditions of release out of expediency — effect the lives of the members of the de [...] Similarly the Superior Court is tasked with the duty of adjudicating the respective rights of the parties to remain in the matrimonial home pending the resolution of the matrimonial litigation.