The Child-centred Family Justice Strategy:
Survey on the Practice of Family Law in Canada, 2004-2006

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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 Child Support Guidelines
  • 2.8 Spousal Support
  • 2.9 Family Violence
  • 2.10 General Comments
• 3.0 WORKSHOPS
  • 3.1 Access Enforcement
  • 3.2 Spousal Support Advisory Guidelines
• 4.0 SUMMARY AND CONCLUSIONS
  • 4.1 Summary of 2006 Survey and Workshop Findings
  • 4.2 Comparison of 2006 and 2004 Survey Results
  • 4.3 Conclusions
• APPENDIX A: ADVISORY COMMITTEE MEMBERSHIP
• APPENDIX B: SURVEY ON THE PRACTICE OF FAMILY LAW IN CANADA
• APPENDIX C: SUPPORTING TABLES
• ENDNOTES

List of Tables

Table C1:

Respondents' Continuing Education or Training on Family Law Issues in the Past Five Years, 2006 and 2004

Table C2:

Characteristics of Respondents' Family Law Cases in the Past Year, 2006 and 2004

Table C3:

Proportion of Respondents' Cases in the Past Year Resolved by Various Methods, 2006 and 2004

Table C4:

Respondents' Reports as to Which Issues in Divorce and Variation Cases are Most Likely to Require a Trial and Judicial Decision to be Resolved, 2006 and 2004

Table C5:

Respondents' Perceptions of How Well Informed Their Clients are at the Outset of Their Case, 2006 and 2004

Table C6:

Respondents' Reports of How Often They Inform Clients About or Refer Clients to Various Family Justice Services, 2006 and 2004

Table C7:

Extent to Which Respondents Agree that Unified Family Courts Accomplish Specific Objectives, 2006 and 2004

Table C8:

Respondents' Perceptions of Whether Parenting Arrangements Made Through Specific Processes are Consistent with the Best Interests of the Child, 2006 and 2004

Table C9:

Respondents' Perceptions of How Often Parents Share Decision Making in Specific Areas, 2006 and 2004

Table C10:

Respondents' Perceptions of What the Circumstances are When Parents do not Comply with their Custody/Access Orders and How Frequently it Occurs, 2006 and 2004

Table C11:

Proportion of Respondents Recommending Supervised Access or Exchange Under Various Circumstances, 2006 and 2004

Table C12:

Respondents' Perceptions of How Often Specific Reasons are Given in Cases Where Parental Relocation is an Issue, 2006 and 2004

Table C13:

Respondents' Perceptions of What the Circumstances are in Cases Where Parental Relocation is an Issue and How Frequently it Occurs, 2006 and 2004

Table C14:

Respondents' Opinions Regarding Objectives of the Federal Child Support Guidelines, 2006 and 2004

Table C15:

Proportion of Cases using the Spousal Support Advisory Guidelines (SSAG) in Various Situations, 2006

Table C16:

Respondents' Perceptions of What the Circumstances are in Cases Where Spousal Support is an Issue and How Frequently it Occurs, 2006 and 2004

Table C17:

Respondents' Reports on How the Court Addressed the Issue in Cases Involving Spousal Violence and How Frequently it Occurred, 2006 and 2004

Table C18:

Respondents' Reports on How the Court Addressed the Issue in Cases Involving Child Abuse and How Frequently it Occurred, 2006 and 2004

List of Figures

Figure 2.1:

Percentage of Respondents from Each Province or Territory, 2006 and 2004

Figure 2.2:

Respondents' Reports as to Which Issues in Divorce Cases are Most Likely to Require a Trial and Judicial Decision to be Resolved, 2006 and 2004

Figure 2.3:

Respondents' Reports as to Which Issues in Variation Cases are Most Likely to Require a Trial and Judicial Decision to be Resolved, 2006 and 2004

Figure 2.4:

Respondents' Reports of How They Keep Informed About Family Justice Services, 2006

Figure 2.5:

Respondents' Reports of Where Their Clients Get Their Information About Family Justice Services, 2006

Figure 2.6:

Respondents' Views on How Much Weight Should be Given to the Preference of Children at Specified Age Ranges, 2006 and 2004

Figure 2.7:

Proportion of Respondents Who Strongly Agreed or Agreed that the Federal Child Support Guidelines are Meeting their Objectives, 2006 and 2004

Figure 2.8:

Respondents' Reports as to Proportion of Cases using the Spousal Support Advisory Guidelines (SSAG) in Various Situations, 2006

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