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| Family Law Issue | 2006 | 2004 | ||
|---|---|---|---|---|
| n | % | n | % | |
| Dispute resolution (e.g., mediation) | 91 | 55.5 | 58 | 49.6 |
| Family violence | 55 | 33.5 | 38 | 32.5 |
| Custody/access | 124 | 75.6 | 83 | 70.9 |
| Spousal support | 138 | 84.1 | 84 | 71.8 |
| Collaborative family law | 83 | 50.6 | 67 | 57.3 |
| Child support guidelines | 123 | 75.0 | 93 | 79.5 |
| Property division | 119 | 72.6 | 79 | 67.5 |
| Other* | 42 | 25.6 | 25 | 21.4 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
* Other includes a variety of family law issues such as: pensions, child protection, interest-based negotiation, child representation, taxation/business valuation, and case management.
Table C2: Characteristics of Respondents' Family Law Cases in the Past Year, 2006 and 2004
| Characteristic | Mean | Range | n |
|---|---|---|---|
| Number of family law cases in past year | 77.7 | 0 — 300 | 138 |
| Proportion of family law cases involving children | 74.5 | 5 — 100 | 144 |
| Proportion of family law cases funded by legal aid | 18.2 | 0 — 100 | 130 |
| Proportion of family law cases with children involved that are variations of previous orders/agreements | 26.2 | 0 — 80 | 142 |
| Characteristic | Mean | Range | n |
|---|---|---|---|
| Number of family law cases in past year | 92.6 | 10 — 400 | 97 |
| Proportion of family law cases involving children | 74.1 | 9 — 100 | 108 |
| Proportion of family law cases funded by legal aid | 25.3 | 0 — 100 | 92 |
| Proportion of family law cases with children involved that are variations of previous orders/agreements | 28.1 | 0 — 100 | 106 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).
| Resolution Method | Mean | Range | n |
|---|---|---|---|
| Settled by parents | 17.1 | 0 — 70 | 108 |
| Settled by mediation | 12.9 | 0 — 80 | 102 |
| Settled by negotiation before trial | 42.7 | 5 — 100 | 133 |
| Settled by settlement conference | 20.5 | 0 — 80 | 117 |
| Resolved by collaborative family law | 9.1 | 0 — 75 | 83 |
| Decided by a judge after a hearing or trial | 13.1 | 0 — 60 | 127 |
| Resolution Method | Mean | Range | n |
|---|---|---|---|
| Settled by parents | 13.4 | 0 — 75 | 83 |
| Settled by mediation | 10.9 | 0 — 60 | 69 |
| Settled by negotiation before trial | 48.4 | 1 — 95 | 99 |
| Settled by settlement conference | 24.3 | 0 — 95 | 81 |
| Resolved by collaborative family law | 8.5 | 0 — 80 | 54 |
| Decided by a judge after a hearing or trial | 14.1 | 0 — 100 | 96 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).
| Issue | In a Divorce Case | In a Variation Case | ||
|---|---|---|---|---|
| n | % | n | % | |
| Child Support | 9 | 5.5 | 32 | 19.5 |
| Custody | 85 | 51.8 | 56 | 34.1 |
| Access | 55 | 33.5 | 47 | 28.7 |
| Spousal support | 113 | 68.9 | 82 | 50.0 |
| Property division | 58 | 35.4 | -- | -- |
| Child support arrears | 34 | 20.7 | 44 | 26.8 |
| Spousal support arrears | 44 | 26.8 | 40 | 24.4 |
| Undue hardship | -- | -- | 23 | 14.0 |
| Parental relocation (mobility) | -- | -- | 106 | 64.6 |
| Issue | In a Divorce Case | In a Variation Case | ||
|---|---|---|---|---|
| n | % | n | % | |
| Child Support | 14 | 12.0 | 22 | 18.8 |
| Custody | 63 | 53.8 | 33 | 28.2 |
| Access | 40 | 34.2 | 36 | 30.8 |
| Spousal support | 87 | 74.4 | 70 | 59.8 |
| Property division | 52 | 44.4 | -- | -- |
| Child support arrears | 28 | 23.9 | 41 | 35.0 |
| Spousal support arrears | 22 | 18.8 | 33 | 28.2 |
| Undue hardship | -- | -- | 22 | 18.8 |
| Parental relocation (mobility) | -- | -- | 75 | 64.1 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Service/Issue | Very Well Informed |
Somewhat Informed |
Not at All Informed |
They are Misinformed | N/A | Missing | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | n | % | ||
| Marriage or relationship counselling |
29 | 19.0 | 96 | 62.7 | 19 | 12.4 | 2 | 1.3 | 1 | 0.7 | 6 | 3.9 | |
| Individual counselling | 25 | 16.3 | 105 | 68.6 | 15 | 9.8 | 2 | 1.3 | 1 | 0.7 | 5 | 3.3 | |
| Mediation services | 12 | 7.8 | 79 | 51.6 | 52 | 34.0 | 3 | 2.0 | 2 | 1.3 | 5 | 3.3 | |
| Child assessment services | 6 | 3.9 | 20 | 13.1 | 107 | 69.9 | 9 | 5.9 | 3 | 2.0 | 8 | 5.2 | |
| Collaborative family law | 5 | 3.3 | 44 | 28.8 | 91 | 59.5 | 4 | 2.6 | 2 | 1.3 | 7 | 4.6 | |
| Parenting education programs |
10 | 6.5 | 49 | 32.0 | 84 | 54.9 | 2 | 1.3 | 2 | 1.3 | 6 | 3.9 | |
| Parenting plans (written document jointly developed by parents) |
3 | 2.0 | 32 | 20.9 | 96 | 62.7 | 12 | 7.8 | 2 | 1.3 | 8 | 5.2 | |
| Psychological effects of divorce on children |
2 | 1.3 | 64 | 41.8 | 56 | 36.6 | 24 | 15.7 | 2 | 1.3 | 5 | 3.3 | |
| Domestic violence services |
9 | 5.9 | 72 | 47.1 | 57 | 37.3 | 2 | 1.3 | 7 | 4.6 | 6 | 3.9 | |
| Supervised access | 2 | 1.3 | 49 | 32.0 | 72 | 47.1 | 22 | 14.4 | 2 | 1.3 | 6 | 3.9 | |
| Supervised exchange | 2 | 1.3 | 31 | 20.3 | 92 | 60.1 | 14 | 9.2 | 5 | 3.3 | 9 | 5.9 | |
| Child support issues | 20 | 13.1 | 107 | 69.9 | 11 | 7.2 | 10 | 6.5 | 1 | 0.7 | 4 | 2.6 | |
| Family Law Information Centres |
5 | 3.3 | 31 | 20.3 | 91 | 59.5 | 3 | 2.0 | 17 | 11.1 | 6 | 3.9 | |
| Maintenance enforcement programs |
15 | 9.8 | 82 | 53.6 | 40 | 26.1 | 10 | 6.5 | 2 | 1.3 | 4 | 2.6 | |
| Financial assistance services |
6 | 3.9 | 51 | 33.3 | 77 | 50.3 | 4 | 2.6 | 8 | 5.2 | 7 | 4.6 | |
| Legal Aid services/duty counsel |
16 | 10.5 | 72 | 47.1 | 44 | 28.8 | 7 | 4.6 | 7 | 4.6 | 6 | 3.9 | |
| Spousal support issues | 5 | 3.3 | 60 | 39.2 | 50 | 32.7 | 29 | 19.0 | 1 | 0.7 | 8 | 5.2 | |
| Variation or recalculation services |
9 | 5.9 | 29 | 19.0 | 87 | 56.9 | 6 | 3.9 | 14 | 9.2 | 8 | 5.2 | |
| Service/Issue | Very Well Informed |
Somewhat Informed |
Not at All Informed |
They are Misinformed | N/A | Missing | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | n | % | ||
| Marriage or relationship counselling |
12 | 10.9 | 76 | 69.1 | 14 | 12.7 | 4 | 3.6 | 0 | 0.0 | 4 | 3.6 | |
| Individual counselling | 13 | 11.8 | 74 | 67.3 | 15 | 13.6 | 3 | 2.7 | 0 | 0.0 | 5 | 4.5 | |
| Mediation services | 7 | 6.4 | 48 | 43.6 | 42 | 38.2 | 8 | 7.3 | 1 | 0.9 | 4 | 3.6 | |
| Child assessment services | 3 | 2.7 | 19 | 17.3 | 72 | 65.5 | 9 | 8.2 | 2 | 1.8 | 5 | 4.5 | |
| Collaborative family law | 1 | 0.9 | 20 | 18.2 | 77 | 70.0 | 5 | 4.5 | 1 | 0.9 | 6 | 5.5 | |
| Parenting education programs |
4 | 3.6 | 33 | 30.0 | 62 | 56.4 | 4 | 3.6 | 3 | 2.7 | 4 | 3.6 | |
| Parenting plans (written document jointly developed by parents) |
3 | 2.7 | 20 | 18.2 | 69 | 62.7 | 11 | 10.0 | 2 | 1.8 | 5 | 4.5 | |
| Psychological effects of divorce on children |
3 | 2.7 | 40 | 36.4 | 48 | 43.6 | 14 | 12.7 | 0 | 0.0 | 5 | 4.5 | |
| Domestic violence services |
5 | 4.5 | 59 | 53.6 | 31 | 28.2 | 6 | 5.5 | 4 | 3.6 | 5 | 4.5 | |
| Supervised access | 3 | 2.7 | 31 | 28.2 | 55 | 50.0 | 15 | 13.6 | 1 | 0.9 | 5 | 4.5 | |
| Supervised exchange | 3 | 2.7 | 20 | 18.2 | 68 | 61.8 | 12 | 10.9 | 1 | 0.9 | 6 | 5.5 | |
| Child support issues | 12 | 10.9 | 81 | 73.6 | 8 | 7.3 | 5 | 4.5 | 0 | 0.0 | 4 | 3.6 | |
| Family Law Information Centres |
1 | 0.9 | 22 | 20.0 | 64 | 58.2 | 2 | 1.8 | 16 | 14.5 | 5 | 4.5 | |
| Maintenance enforcement programs |
10 | 9.1 | 62 | 56.4 | 25 | 22.7 | 8 | 7.3 | 1 | 0.9 | 4 | 3.6 | |
| Financial assistance services |
5 | 4.5 | 45 | 40.9 | 40 | 36.4 | 4 | 3.6 | 9 | 8.2 | 7 | 6.4 | |
| Legal Aid services/duty counsel |
9 | 8.2 | 61 | 55.5 | 23 | 20.9 | 4 | 3.6 | 7 | 6.4 | 6 | 5.5 | |
| Spousal support issues | 6 | 5.5 | 55 | 50.0 | 28 | 25.5 | 17 | 15.5 | 0 | 0.0 | 4 | 3.6 | |
| Variation or recalculation services | 3 | 2.7 | 34 | 30.9 | 54 | 49.1 | 4 | 3.6 | 10 | 9.1 | 5 | 4.5 | |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).
| Family Justice Service | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Marriage or relationship Counselling |
17 | 11.1 | 43 | 28.1 | 44 | 28.8 | 39 | 25.5 | 10 | 6.5 |
| Individual counselling | 7 | 4.6 | 38 | 24.8 | 68 | 44.4 | 32 | 20.9 | 8 | 5.2 |
| Mediation services | 14 | 9.2 | 35 | 22.9 | 54 | 35.3 | 41 | 26.8 | 9 | 5.9 |
| Child assessment services | 27 | 17.6 | 76 | 49.7 | 33 | 21.6 | 7 | 4.6 | 10 | 6.5 |
| Collaborative family law | 52 | 34.0 | 34 | 22.2 | 28 | 18.3 | 30 | 19.6 | 9 | 5.9 |
| Parenting plans | 31 | 20.3 | 38 | 24.8 | 50 | 32.7 | 25 | 16.3 | 9 | 5.9 |
| Parenting education programs | 15 | 9.8 | 40 | 26.1 | 41 | 26.8 | 50 | 32.7 | 7 | 4.6 |
| Domestic violence services | 42 | 27.5 | 74 | 48.4 | 25 | 16.3 | 4 | 2.6 | 8 | 5.2 |
| Supervised access | 55 | 35.9 | 79 | 51.6 | 9 | 5.9 | 1 | 0.7 | 9 | 5.9 |
| Supervised exchange | 71 | 46.4 | 64 | 41.8 | 7 | 4.6 | 1 | 0.7 | 10 | 6.5 |
| Maintenance enforcement programs |
6 | 3.9 | 23 | 15.0 | 59 | 38.6 | 58 | 37.9 | 7 | 4.6 |
| Financial assistance services | 50 | 32.7 | 60 | 39.2 | 26 | 17.0 | 8 | 5.2 | 9 | 5.9 |
| Legal Aid services/duty counsel | 52 | 34.0 | 50 | 32.7 | 25 | 16.3 | 18 | 11.8 | 8 | 5.2 |
| Variation or recalculation services | 67 | 43.8 | 33 | 21.6 | 22 | 14.4 | 9 | 5.9 | 22 | 14.4 |
| Family Justice Service | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Marriage or relationship counselling |
11 | 10.0 | 39 | 35.5 | 23 | 20.9 | 33 | 30.0 | 4 | 3.6 |
| Individual counselling | 6 | 5.5 | 29 | 26.4 | 46 | 41.8 | 26 | 23.6 | 3 | 2.7 |
| Mediation services | 10 | 9.1 | 34 | 30.9 | 32 | 29.1 | 30 | 27.3 | 4 | 3.6 |
| Child assessment services | 17 | 15.5 | 50 | 45.5 | 29 | 26.4 | 9 | 8.2 | 5 | 4.5 |
| Collaborative family law | 41 | 37.3 | 18 | 16.4 | 13 | 11.8 | 32 | 29.1 | 6 | 5.5 |
| Parenting plans | 14 | 12.7 | 26 | 23.6 | 31 | 28.2 | 30 | 27.3 | 9 | 8.2 |
| Parenting education programs | 12 | 10.9 | 28 | 25.5 | 23 | 20.9 | 42 | 38.2 | 5 | 4.5 |
| Domestic violence services | 25 | 22.7 | 53 | 48.2 | 21 | 19.1 | 7 | 6.4 | 4 | 3.6 |
| Supervised access | 33 | 30.0 | 54 | 49.1 | 10 | 9.1 | 9 | 8.2 | 4 | 3.6 |
| Supervised exchange | 45 | 40.9 | 44 | 40.0 | 8 | 7.3 | 8 | 7.3 | 5 | 4.5 |
| Maintenance enforcement programs |
6 | 5.5 | 15 | 13.6 | 36 | 32.7 | 50 | 45.5 | 3 | 2.7 |
| Financial assistance services | 41 | 37.3 | 35 | 31.8 | 16 | 14.5 | 11 | 10.0 | 7 | 6.4 |
| Legal Aid services/duty counsel | 29 | 26.4 | 36 | 32.7 | 19 | 17.3 | 21 | 19.1 | 5 | 4.5 |
| Variation or recalculation services | 44 | 40.0 | 30 | 27.3 | 14 | 12.7 | 11 | 10.0 | 11 | 10.0 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).
| Objective | Strongly Agree |
Agree | Disagree | Strongly Disagree |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Simplify procedures | 27 | 16.5 | 51 | 31.1 | 30 | 18.3 | 14 | 8.5 | 42 | 25.6 |
| Provide easy access to various family justice services | 28 | 17.1 | 59 | 36.0 | 24 | 14.6 | 10 | 6.1 | 43 | 26.2 |
| Provide timely resolution to family law matters | 19 | 11.6 | 44 | 26.8 | 38 | 23.2 | 19 | 11.6 | 44 | 26.8 |
| Produce outcomes tailored to individual needs | 19 | 11.6 | 55 | 33.5 | 32 | 19.5 | 11 | 6.7 | 47 | 28.7 |
| Objective | Strongly Agree |
Agree | Disagree | Strongly Disagree |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Simplify procedures | 27 | 23.1 | 40 | 34.2 | 20 | 17.1 | 7 | 6.0 | 23 | 19.7 |
| Provide easy access to various family justice services | 24 | 20.5 | 40 | 34.2 | 19 | 16.2 | 8 | 6.8 | 26 | 22.2 |
| Provide timely resolution to family law matters | 20 | 17.1 | 33 | 28.2 | 28 | 23.9 | 13 | 11.1 | 23 | 19.7 |
| Produceoutcomes tailored to individual needs | 18 | 15.4 | 44 | 37.6 | 24 | 20.5 | 8 | 6.8 | 23 | 19.7 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Process | Yes | No | Missing | |||
|---|---|---|---|---|---|---|
| n | % | n | % | n | % | |
| Arrangements made by parents themselves | 133 | 81.1 | 20 | 12.2 | 11 | 6.7 |
| Arrangements made as a result of mediation | 134 | 81.7 | 13 | 7.9 | 17 | 10.4 |
| Arrangements negotiated by lawyers (on their own or after judicial conference) | 135 | 82.3 | 15 | 9.1 | 14 | 8.5 |
| Arrangements that are a result of collaborative family law | 98 | 59.8 | 8 | 4.9 | 58 | 35.4 |
| Arrangements made by a judge after a trial or hearing | 99 | 60.4 | 43 | 26.2 | 22 | 13.4 |
| Process | Yes | No | Missing | |||
|---|---|---|---|---|---|---|
| n | % | n | % | n | % | |
| Arrangements made by parents themselves | 86 | 73.5 | 19 | 16.2 | 12 | 10.3 |
| Arrangements made as a result of mediation | 98 | 83.8 | 7 | 6.0 | 12 | 10.3 |
| Arrangements negotiated by lawyers (on their own or after judicial conference) |
93 | 79.5 | 14 | 12.0 | 10 | 8.5 |
| Arrangements that are a result of collaborative family law | 77 | 65.8 | 3 | 2.6 | 37 | 31.6 |
| Arrangements made by a judge after a trial or hearing | 60 | 51.3 | 45 | 38.5 | 12 | 10.3 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Decision-making Area | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Health | 12 | 7.3 | 55 | 33.5 | 68 | 41.5 | 21 | 12.8 | 8 | 4.9 |
| Education | 7 | 4.3 | 53 | 32.3 | 79 | 48.2 | 18 | 11.0 | 7 | 4.3 |
| Religion | 33 | 20.1 | 59 | 36.0 | 49 | 29.9 | 15 | 9.1 | 8 | 4.9 |
| Culture | 32 | 19.5 | 63 | 38.4 | 47 | 28.7 | 11 | 6.7 | 11 | 6.7 |
| Decision-making Area | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Health | 9 | 7.7 | 32 | 27.4 | 50 | 42.7 | 21 | 17.9 | 5 | 4.3 |
| Education | 7 | 6.0 | 37 | 31.6 | 52 | 44.4 | 16 | 13.7 | 5 | 4.3 |
| Religion | 22 | 18.8 | 37 | 31.6 | 37 | 31.6 | 12 | 10.3 | 9 | 7.7 |
| Culture | 21 | 17.9 | 36 | 30.8 | 37 | 31.6 | 10 | 8.5 | 13 | 11.1 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Circumstance | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Access parent does not exercise access | 31 | 18.9 | 84 | 51.2 | 41 | 25.0 | 1 | 0.6 | 7 | 4.3 |
| Access parent is late returning child | 11 | 6.7 | 94 | 57.3 | 49 | 29.9 | 3 | 1.8 | 7 | 4.3 |
| Custodial parent refuses access for no valid cause | 33 | 20.1 | 90 | 54.9 | 30 | 18.3 | 4 | 2.4 | 7 | 4.3 |
| Custodial parent refuses access for cause (e.g., access parent intoxicated) | 35 | 21.3 | 92 | 56.1 | 30 | 18.3 | 0 | 0.0 | 7 | 4.3 |
| Child refuses visit with access parent | 15 | 9.1 | 106 | 64.6 | 36 | 22.0 | 1 | 0.6 | 6 | 3.7 |
| Frequent changes in schedule | 29 | 17.7 | 75 | 45.7 | 47 | 28.7 | 0 | 0.0 | 13 | 7.9 |
| Family violence concerns | 83 | 50.6 | 63 | 38.4 | 9 | 5.5 | 1 | 0.6 | 8 | 4.9 |
| Circumstance | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Access parent does not exercise access | 17 | 14.5 | 58 | 49.6 | 38 | 32.5 | 0 | 0.0 | 4 | 3.4 |
| Access parent is late returning child | 16 | 13.7 | 45 | 38.5 | 48 | 41.0 | 3 | 2.6 | 5 | 4.3 |
| Custodial parent refuses access for no valid cause | 15 | 12.8 | 60 | 51.3 | 34 | 29.1 | 2 | 1.7 | 6 | 5.1 |
| Custodial parent refuses access for cause (e.g., access parent intoxicated) | 25 | 21.4 | 72 | 61.5 | 14 | 12.0 | 1 | 0.9 | 5 | 4.3 |
| Child refuses visit with access parent | 23 | 19.7 | 68 | 58.1 | 22 | 18.8 | 0 | 0.0 | 4 | 3.4 |
| Frequent changes in schedule | 27 | 23.1 | 53 | 45.3 | 30 | 25.6 | 2 | 1.7 | 5 | 4.3 |
| Family violence concerns | 57 | 48.7 | 41 | 35.0 | 12 | 10.3 | 3 | 2.6 | 4 | 3.4 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Circumstance | 2006 | 2004 | ||||||
|---|---|---|---|---|---|---|---|---|
| Supervised Access |
Supervised Exchange |
Supervised Access |
Supervised Exchange |
|||||
| n | % | n | % | n | % | n | % | |
| In high conflict situations | 36 | 23.5 | 105 | 68.6 | 29 | 26.4 | 85 | 77.3 |
| In situations of spousal violence | 57 | 37.3 | 96 | 62.7 | 43 | 39.1 | 76 | 69.1 |
| In situations where there are allegations of child abuse | 130 | 85.0 | 36 | 23.5 | 94 | 85.5 | 34 | 30.9 |
| In situations where there is substance abuse | 113 | 73.9 | 55 | 35.9 | 88 | 80.0 | 37 | 33.6 |
| In situations where there are mental health concerns | 113 | 73.9 | 53 | 34.6 | 88 | 80.0 | 42 | 38.2 |
| Not available in my jurisdiction | 2 | 1.3 | 9 | 5.9 | 2 | 1.8 | 8 | 7.3 |
| Other | 10 | 6.5 | 3 | 2.0 | 10 | 9.1 | 4 | 3.6 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).
| Reason | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Employment opportunity | 2 | 1.2 | 26 | 15.9 | 91 | 55.5 | 28 | 17.1 | 17 | 10.4 |
| Educational opportunity | 38 | 23.2 | 63 | 38.4 | 37 | 22.6 | 2 | 1.2 | 24 | 14.6 |
| To be closer to family/friends | 8 | 4.9 | 35 | 21.3 | 86 | 52.4 | 18 | 11.0 | 17 | 10.4 |
| To be with new partner | 7 | 4.3 | 25 | 15.2 | 95 | 57.9 | 18 | 11.0 | 19 | 11.6 |
| No particular reason | 84 | 51.2 | 15 | 9.1 | 6 | 3.7 | 0 | 0.0 | 59 | 36.0 |
| Reason | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Employment opportunity | 7 | 6.0 | 23 | 19.7 | 57 | 48.7 | 21 | 17.9 | 9 | 7.7 |
| Educational opportunity | 25 | 21.4 | 43 | 36.8 | 23 | 19.7 | 1 | 0.9 | 25 | 21.4 |
| To be closer to family/friends | 2 | 1.7 | 28 | 23.9 | 60 | 51.3 | 13 | 11.1 | 14 | 12.0 |
| To be with new partner | 7 | 6.0 | 20 | 17.1 | 67 | 57.3 | 13 | 11.1 | 10 | 8.5 |
| No particular reason | 38 | 32.5 | 19 | 16.2 | 7 | 6.0 | 0 | 0.0 | 53 | 45.0 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Circumstance | Rarely | Occasionally | Often | Almost Always | Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Custodial parent wishes to move within the city |
88 | 53.7 | 37 | 22.6 | 18 | 11.0 | 0 | 0.0 | 21 | 12.8 |
| Custodial parent wishes to move within the province/territory |
12 | 7.3 | 68 | 41.5 | 61 | 37.2 | 8 | 4.9 | 15 | 9.1 |
| Custodial parent wishes to move to a different province/territory |
10 | 6.1 | 63 | 38.4 | 63 | 38.4 | 14 | 8.5 | 14 | 8.5 |
| Custodial parent wishes to move outside the country |
98 | 59.8 | 34 | 20.7 | 10 | 6.1 | 7 | 4.3 | 15 | 9.1 |
| Access parent wishes to move within the city |
115 | 70.1 | 12 | 7.3 | 15 | 9.1 | 0 | 0.0 | 22 | 13.4 |
| Access parent wishes to move within the province/territory |
101 | 61.6 | 36 | 22.0 | 7 | 4.3 | 0 | 0.0 | 20 | 12.2 |
| Access parent wishes to move to a different province/territory |
92 | 56.1 | 41 | 25.0 | 12 | 7.3 | 0 | 0.0 | 19 | 11.6 |
| Access parent wishes to move outside the country |
127 | 77.4 | 15 | 9.1 | 2 | 1.2 | 1 | 0.6 | 19 | 11.6 |
| Circumstance | Rarely | Occasionally | Often | Almost Always | Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Custodial parent wishes to move within the city |
65 | 55.6 | 21 | 17.9 | 17 | 14.5 | 2 | 1.7 | 12 | 10.3 |
| Custodial parent wishes to move within the province/territory |
8 | 6.8 | 52 | 44.4 | 42 | 35.9 | 7 | 6.0 | 8 | 6.8 |
| Custodial parent wishes to move to a different province/territory |
7 | 6.0 | 44 | 37.6 | 42 | 35.9 | 16 | 13.7 | 8 | 6.8 |
| Custodial parent wishes to move outside the country |
71 | 60.7 | 24 | 20.5 | 6 | 5.1 | 7 | 6.0 | 9 | 7.7 |
| Access parent wishes to move within the city |
79 | 67.5 | 12 | 10.3 | 10 | 8.5 | 0 | 0.0 | 16 | 13.7 |
| Access parent wishes to move within the province/territory |
54 | 46.2 | 32 | 27.4 | 16 | 13.7 | 0 | 0.0 | 15 | 12.8 |
| Access parent wishes to move to a different province/territory |
56 | 47.9 | 34 | 29.1 | 10 | 8.5 | 1 | 0.9 | 16 | 13.7 |
| Access parent wishes to move outside the country |
84 | 71.8 | 14 | 12.0 | 1 | 0.9 | 1 | 0.9 | 17 | 14.5 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Objective | Strongly Agree |
Agree | Disagree | Strongly Disagree |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Overall, the Child Support Guidelines have resulted in a better system of determining child support than the pre-1997 system. | 81 | 49.4 | 66 | 40.2 | 6 | 3.7 | 3 | 1.8 | 8 | 4.9 |
| Cases are settled more quickly since the implementation of the Guidelines. | 92 | 56.1 | 54 | 32.9 | 8 | 4.9 | 2 | 1.2 | 8 | 4.9 |
| Since implementation of the Guidelines, most cases are resolved simply by relying on the Tables to establish amounts of support. | 72 | 43.9 | 68 | 41.5 | 14 | 8.5 | 3 | 1.8 | 7 | 4.3 |
| In cases involving litigation, the issues to be resolved are more defined and focussed than prior to implementation of the Guidelines. |
64 | 39.0 | 77 | 47.0 | 11 | 6.7 | 4 | 2.4 | 8 | 4.9 |
| Objective | Strongly Agree |
Agree | Disagree | Strongly Disagree |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Overall, the Child Support Guidelines have resulted in a better system of determining child support than the pre-1997 system. |
46 | 39.3 | 62 | 53.0 | 6 | 5.1 | 2 | 1.7 | 1 | 0.9 |
| Cases are settled more quickly since the implementation of the Guidelines. |
42 | 35.9 | 61 | 52.1 | 10 | 8.5 | 2 | 1.7 | 2 | 1.7 |
| Since implementation of the Guidelines, most cases are resolved simply by relying on the Tables to establish amounts of support. |
42 | 35.9 | 58 | 49.6 | 11 | 9.4 | 5 | 4.3 | 1 | 0.9 |
| In cases involving litigation, the issues to be resolved are more defined and focussed than prior to implementation of the Guidelines. |
34 | 29.1 | 66 | 56.4 | 12 | 10.3 | 2 | 1.7 | 3 | 2.4 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Situation | Reference made to SSAG | Resolution within SSAG Range | ||||
|---|---|---|---|---|---|---|
| Mean | Range | n | Mean | Range | n | |
| Discussions with clients | 83.9 | 0-100 | 104 | 58.5 | 0-100 | 69 |
| Cases settled by negotiation | 76.6 | 0-100 | 102 | 59.0 | 0-100 | 86 |
| Cases settled by mediation | 63.6 | 0-100 | 64 | 47.9 | 0-100 | 53 |
| Interim motions | 66.4 | 0-100 | 90 | 51.7 | 0-100 | 74 |
| Cases settled by case conference | 69.4 | 0-100 | 84 | 54.0 | 0-100 | 71 |
| Cases resolved by judge after hearing | 63.0 | 0-100 | 86 | 54.6 | 0-100 | 69 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006.
2006 Total N=164.
| Circumstance | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Claimant spouse is a stay-at-home parent |
10 | 6.1 | 39 | 23.8 | 82 | 50.0 | 19 | 11.6 | 14 | 8.5 |
| Claimant spouse was a stay-at-home parent to children now grown and is not in labour force |
10 | 6.1 | 47 | 28.7 | 81 | 49.4 | 12 | 7.3 | 14 | 8.5 |
| Couple had no children and claimant spouse is not in labour force |
77 | 47.0 | 56 | 34.1 | 12 | 7.3 | 3 | 1.8 | 16 | 9.8 |
| Respondent's income is considerably higher than claimant spouse's income |
3 | 1.8 | 16 | 9.8 | 89 | 54.3 | 40 | 24.4 | 16 | 9.8 |
| Potential payor has income of $75,000 or more |
5 | 3.0 | 41 | 25.0 | 77 | 47.0 | 25 | 15.2 | 16 | 9.8 |
| Trade off of property in lieu of monetary spousal support |
42 | 25.6 | 60 | 36.6 | 44 | 26.8 | 1 | 0.6 | 17 | 10.4 |
| Circumstance | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Claimant spouse is a stay-at-home parent |
0 | 0.0 | 34 | 29.1 | 66 | 56.4 | 12 | 10.3 | 5 | 4.3 |
| Claimant spouse was a stay-at-home parent to children now grown and is not in labour force |
5 | 4.3 | 34 | 29.1 | 65 | 55.6 | 8 | 6.8 | 5 | 4.3 |
| Couple had no children and claimant spouse is not in labour force |
51 | 43.6 | 51 | 43.6 | 8 | 6.8 | 2 | 1.7 | 5 | 4.3 |
| Respondent's income is considerably higher than claimant spouse's income |
2 | 1.7 | 18 | 15.4 | 67 | 57.3 | 26 | 22.2 | 4 | 3.4 |
| Potential payor has income of $75,000 or more |
8 | 6.8 | 41 | 35.0 | 48 | 41.0 | 15 | 12.8 | 5 | 4.3 |
| Trade off of property in lieu of monetary spousal support |
26 | 22.2 | 55 | 47.0 | 27 | 23.1 | 2 | 1.7 | 7 | 6.0 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N =164; 2004 Total N=117.
| Court Response | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Assessment services were used | 61 | 37.2 | 45 | 27.4 | 28 | 17.1 | 3 | 1.8 | 27 | 16.5 |
| Child was given legal representation | 86 | 52.4 | 32 | 19.5 | 15 | 9.1 | 1 | 0.6 | 30 | 18.3 |
| Access supervision was ordered | 30 | 18.3 | 76 | 46.3 | 31 | 18.9 | 3 | 1.8 | 24 | 14.6 |
| Exchange supervision was ordered | 41 | 25.0 | 52 | 31.7 | 35 | 21.3 | 4 | 2.4 | 32 | 19.5 |
| Counselling services were used | 35 | 21.3 | 50 | 30.5 | 46 | 28.0 | 6 | 3.7 | 27 | 16.5 |
| Parents were educated on the effects of family violence on children | 63 | 38.4 | 39 | 23.8 | 23 | 14.0 | 8 | 4.9 | 31 | 18.9 |
| Access was denied to abusive parent | 81 | 49.4 | 47 | 28.7 | 8 | 4.9 | 1 | 0.6 | 27 | 16.5 |
| Custody was denied to abusive parent |
30 | 18.3 | 31 | 18.9 | 49 | 29.9 | 25 | 15.2 | 29 | 17.7 |
| Civil order restraining harassment/ spousal contact |
9 | 5.5 | 33 | 20.1 | 74 | 45.1 | 26 | 15.9 | 22 | 13.4 |
| Court did not address the issue | 76 | 6.3 | 26 | 15.9 | 11 | 6.7 | 5 | 3.0 | 46 | 28.0 |
| Court Response | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Assessment services were used | 34 | 29.1 | 32 | 27.4 | 21 | 17.9 | 2 | 1.7 | 28 | 23.9 |
| Child was given legal representation | 48 | 41.0 | 31 | 26.5 | 12 | 10.3 | 2 | 1.7 | 24 | 20.5 |
| Access supervision was ordered | 17 | 14.5 | 47 | 40.2 | 26 | 22.2 | 5 | 4.3 | 22 | 18.8 |
| Exchange supervision was ordered | 29 | 24.8 | 36 | 30.8 | 21 | 17.9 | 6 | 5.1 | 25 | 21.4 |
| Counselling services were used | 27 | 23.1 | 35 | 29.9 | 26 | 22.2 | 8 | 6.8 | 21 | 17.9 |
| Parents were educated on the effects of family violence on children | 50 | 42.7 | 24 | 20.5 | 16 | 13.7 | 2 | 1.7 | 25 | 21.4 |
| Access was denied to abusive parent | 56 | 47.9 | 29 | 24.8 | 9 | 7.7 | 1 | 0.9 | 22 | 18.8 |
| Custody was denied to abusive parent |
15 | 12.8 | 27 | 23.1 | 36 | 30.8 | 11 | 9.4 | 28 | 23.9 |
| Civil order restraining harassment/ spousal contact |
-- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
| Court did not address the issue | 41 | 35.0 | 25 | 21.4 | 12 | 10.3 | 10 | 8.5 | 29 | 24.8 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
| Court Response | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Assessment services were used | 15 | 9.1 | 29 | 17.7 | 62 | 37.8 | 22 | 13.4 | 36 | 22.0 |
| Child was given legal representation | 66 | 40.2 | 26 | 15.9 | 22 | 13.4 | 12 | 7.3 | 38 | 23.2 |
| Access supervision was ordered | 7 | 4.3 | 28 | 17.1 | 64 | 39.0 | 32 | 19.5 | 33 | 20.1 |
| Exchange supervision was ordered | 44 | 26.8 | 39 | 23.8 | 31 | 18.9 | 12 | 7.3 | 38 | 23.2 |
| Counselling services were used | 21 | 12.8 | 36 | 22.0 | 57 | 34.8 | 14 | 8.5 | 36 | 22.0 |
| Parents were educated on the effects of family violence on children | 49 | 29.9 | 35 | 21.3 | 30 | 18.3 | 13 | 7.9 | 37 | 22.6 |
| Access was denied to abusive parent | 39 | 23.8 | 41 | 25.0 | 41 | 25.0 | 7 | 4.3 | 36 | 22.0 |
| Custody was denied to abusive parent |
15 | 9.1 | 17 | 10.4 | 40 | 24.4 | 56 | 34.1 | 36 | 22.0 |
| Court made referral to child welfare agency | 52 | 31.7 | 37 | 22.6 | 16 | 9.8 | 16 | 9.8 | 43 | 26.2 |
| Court did not address the issue | 81 | 49.4 | 15 | 9.1 | 4 | 2.4 | 1 | 0.6 | 63 | 38.4 |
| Court Response | Rarely | Occasionally | Often | Almost Always |
Missing | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| n | % | n | % | n | % | n | % | n | % | |
| Assessment services were used | 11 | 9.4 | 26 | 22.2 | 24 | 20.5 | 27 | 23.1 | 29 | 24.8 |
| Child was given legal representation | 37 | 31.6 | 22 | 18.8 | 23 | 19.7 | 10 | 8.5 | 25 | 21.4 |
| Access supervision was ordered | 2 | 1.7 | 22 | 18.8 | 45 | 38.5 | 26 | 22.2 | 22 | 18.8 |
| Exchange supervision was ordered | 22 | 18.8 | 27 | 23.1 | 22 | 18.8 | 10 | 8.5 | 36 | 30.8 |
| Counselling services were used | 23 | 19.7 | 28 | 23.9 | 31 | 26.5 | 5 | 4.3 | 30 | 25.6 |
| Parents were educated on the effects of family violence on children | 41 | 35.0 | 26 | 22.2 | 14 | 12.0 | 3 | 2.6 | 33 | 28.2 |
| Access was denied to abusive parent | 22 | 18.8 | 29 | 24.8 | 29 | 24.8 | 8 | 6.8 | 29 | 24.8 |
| Custody was denied to abusive parent |
6 | 5.1 | 9 | 7.7 | 34 | 29.1 | 40 | 34.2 | 28 | 23.9 |
| Court made referral to child welfare agency | 34 | 29.1 | 26 | 22.2 | 15 | 12.8 | 9 | 7.7 | 33 | 28.2 |
| Court did not address the issue | 58 | 49.6 | 14 | 12.0 | 2 | 1.7 | 2 | 1.7 | 41 | 35.0 |
Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.