Bala, N., & Ebsim, Y. (2022, March). The 2021 Canadian parenting reforms: Is shared parenting the new normal? Queen's Law Research Paper Series, 1-28. http://dx.doi.org/10.2139/ssrn.4058375
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Lux, G., & Gill, S. (2021). Identifying coercive control in Canadian family law: A required analysis in determining the best interests of the child. Family Court Review, 59(4), 810-827. DOI: 10.1111/fcre.12540
Abstract Amendments to the Canadian Divorce Act have required that family violence, specifically coercive controlling behaviour, be considered when making best interest determinations for children. This paper (1) outlines how this concealed, patterned, and harmful behaviour presents in family law disputes and (2) sets out considerations for parenting arrangements. It identifies the perils of subjective impressions as well as where the legal system and its interventions may be vulnerable to misuse. Children in families where coercive control is occurring are at risk of harm. The lack of intentional analysis of coercive control does not serve the best interests of the child. Practitioner’s Key Points: - Coercive Controlling violence is generally the most serious type of violence in family law. - Children are directly impacted by coercive control even after separation. - The subjective perceptions made by Family law and mental health professionals about family violence impacts the identification of this harmful conduct. - Family Law and allied professionals need to identify and understand how the subtle and often concealed patterns of coercive controlling behaviour can present in their files. - Family Law and allied professionals need to understand where the legal system and its interventions may be vulnerable to misuse by a perpetrator of coercive control. - Best Interest Determinations require an intentional analysis of the presence of coercive controlling behaviours on the part of a parent. Request a full copy of the article here: www.researchgate.net/publication/354781515_Identifying_Coercive_Control_in_Canadian_Family_Law_A_Required_Analysis_in_Determining_the_Best_Interests_of_the_Child Morton, M., Samardzic, T., Cross, P., Johnstone, S., Vesely, L., & Choubak, M. (2021). The degendering of male perpetrated intimate partner violence against female partners in Ontario family law courts. Journal of Social Welfare and Family Law, 43(1), 104-118. https://doi.org/10.1080/09649069.2021.1917711
Abstract n this paper, we conducted a critical community-engaged Ontario family law case review of 46 cases from 2019 where intimate partner violence was identified. We explored the extent to which judges identified and addressed intimate partner violence and whether the gender of judges impacted on trial outcomes and judges’ parental assessments. We found that judges de-gendered the language of violence, which impacted trial outcomes (e.g., more rulings of unsupervised access for fathers despite them having been violent) and a mutualisation of responsibility by referring to the violence as ‘conflict.’ We also found that male judges were more likely to negatively assess the mothers as both parents and witnesses. We call for more research that explores whether the changes to the Canadian federal Divorce Act (which includes ‘family violence’) will have an impact on the manner in which intimate partner violence is identified and/or referred to by family law judges, and if and how this influences the weighting of salient outcomes in Ontario family court cases. Request a full-copy of the article here: The degendering of male perpetrated intimate partner violence Against female partners in Ontario family law courts | Request PDF (researchgate.net) Report on Federal-Provincial-Territorial Consultations on Custody, Access and Child Support7/20/2020 Government of Canada (2019)
Family Violence The presence of family violence can make the issues and choices that separating or divorcing parents face even more complex. The impact on the well-being of children who are direct or indirect victims of family violence is likely to be more severe and more long-term than in situations of separation or divorce in which violence is not present. Canadians were asked to provide their views on what impact the presence of past or current family violence should have on determining the roles and responsibilities of parents at the time of separation or divorce. Options within the legal system to respond to situations of family violence may include specialized assistance or services provided to families and the victims of family violence, as well as special consideration of issues of family violence in family laws and the Divorce Act. The views voiced on this topic reflected Canadians' strong concern for ensuring the safety of children in situations of family violence. It seems that most Canadians who took part in the consultations feel that situations of family violence need to be dealt with differently than other situations of separation and divorce. Many similar or complementary suggestions for improving the legislation and services were offered by respondents from the various provinces and territories and representing various interests. However, a number of diverging-and at times opposing-views became apparent concerning the basic foundation and set of values upon which such protection should be based. Four key questions were asked to solicit views on what effect family violence should have on determining custody and access upon divorce or separation:
Read the full report here: https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/cons/fpt_cons/p4.html Bala, N., Birnbaum, R., Poitras, K., Saini, M., Cyr, F. & Leclair, S. (2017). Shared parenting in Canada: Increasing use but continued controversy. Family Court Review. 55 (4), 513-530.
Read here: https://onlinelibrary-wiley-com.ezproxy.lib.ucalgary.ca/doi/full/10.1111/fcre.12301 |
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