RESEARCH REPORT

The Child-centred Family Justice Strategy: Baseline Information from Family Law Practitioners

December 2005

[ Table of Contents | Next ]

---

Presented to:
Family, Children and Youth Section
Department of Justice Canada

The views expressed in this report are those of the authors and do not necessarily represent the views of the Department of Justice Canada or the Canadian Research Institute for Law and the Family.

Aussi disponible en français

PDF VersionPDF Help

This report may be reproduced, in part or in whole, and by any means, without charge or further permission from the Department of Justice Canada, provided that due diligence is exercised in ensuring the accuracy of the materials reproduced; that the Department of Justice Canada is identified as the source department; and that the reproduction is not represented as an official version of the original report.

©  Her Majesty the Queen in Right of Canada,
    represented by the Minister of Justice and Attorney General of Canada,
    2005

---

Table of Contents

• Executive Summary
• Acknowledgements
• 1.0   Introduction
  • 1.1   Purpose of the Project
  • 1.2   Methodology
  • 1.3   Limitations
• 2.0   Survey on the Practice of Family Law in Canada
  • 2.1   Demographics of Survey Respondents
  • 2.2   Case Characteristics
  • 2.3   Services
  • 2.4   Best Interest Criteria
  • 2.5   Child Representation
  • 2.6   Custody and Access
  • 2.7   Federal Child Support Guidelines
  • 2.8   Spousal Support
  • 2.9   Family Violence
  • 2.10 General Comments
• 3.0   Workshops
  • 3.1   Parenting Arrangements
  • 3.2   Family Violence
• 4.0   Summary and Conclusions
  • 4.1   Summary of Survey and Workshop Findings
  • 4.2   Conclusions
• Appendix A Advisory Committee Membership
• Appendix B Survey on the Practice of Family Law in Canada

List of Tables

Table 2.1

Respondents' Continuing Education or Training on Family Law Issues in the Past Five Years

Table 2.2

Characteristics of Respondents' Family Law Cases in the Past Year

Table 2.3

Proportion of Respondents' Cases in the Past Year Resolved by Various Methods

Table 2.4

Respondents' Reports as to Which Issues in Divorce and Variation Cases are Most Likely to Require a Trial and Judicial Decision to be Resolved

Table 2.5

Respondents' Perceptions of How Well Informed Their Clients are at the Outset of Their Case

Table 2.6

Respondents' Reports of How Often They Inform Clients About or Refer Clients to Various Family Justice Services

Table 2.7

Extent to Which Respondents Agree that Unified Family Courts Accomplish Specific Objectives

Table 2.8

Respondents' Perceptions of Whether Parenting Arrangements Made Through Specific Processes are Consistent with the Best Interests of the Child

Table 2.9

Respondents' Perceptions of How Often Parents Share Decision Making in Specific Areas

Table 2.10

Respondents' Perceptions of What the Circumstances are When Parents do not Comply with their Custody/Access Orders and How Frequently it Occurs

Table 2.11

Proportion of Respondents Recommending Supervised Access or Exchange Under Various Circumstances

Table 2.12

Respondents' Perceptions of How Often Specific Reasons are Given in Cases Where Parental Relocation is an Issue

Table 2.13

Respondents' Perceptions of What the Circumstances are in Cases Where Parental Relocation is an Issue and How Frequently it Occurs

Table 2.14

Respondents' Opinions Regarding Objectives of the Federal Child Support ... Guidelines

Table 2.15

Respondents' Perceptions of What the Circumstances are in Cases Where Spousal Support is an Issue and How Frequently it Occurs

Table 2.16

Respondents' Reports on How the Court Addressed the Issue in Cases Involving Spousal Violence and How Frequently it Occurred

Table 2.17

Respondents' Reports on How the Court Addressed the Issue in Cases Involving Child Abuse and How Frequently it Occurred

List of Figures

Figure 2.1

Percentage of Respondents from Each Province or Territory

Figure 2.2

Respondents' Views on How Much Weight Should be Given to the Preference of Children at Specified Age Ranges

---

[ Table of Contents | Next ]