Since the implementation of the Federal Child Support Guidelines in 1997, the Department of Justice Canada has actively been studying the issue of post-separation parenting arrangements.
The reports below are the results of the Department's policy and research work. For information purpose, also included in this list are the report of the Special Joint Committee on Child Custody and Access and those produced jointly by federal, provincial and territorial governments.
More information on working with PDF files( )
Additional research reports on issues related to families and children can be found on the Department of Justice Canada Research and Statistics Web Site.
Strategy for Reform (HTML, PDF)
The Government of Canada's Response to the Report of the Special Joint Committee on Child Custody and Access was tabled on May 10, 1999. The response outlines the Government's strategy for reform of child custody and access and defines four basic principles and six key directions for reform of the family law system. (May 1999)
For the Sake of the Children - Report of the Special Joint Committee on Child Custody and Access
In 1997, Parliament struck the Special Joint Committee on Child Custody and Access to examine and analyze custody and access issues and to look for better ways to ensure positive outcomes for children whose parents divorce. The Committee provided a forum for Canadians to speak to an issue that affects them personally. The Committee's report was an important step towards addressing the problems children face when their parents divorce. (December 1998)
Inventory of Government-Based Family Justice Services
This report
provides a general overview of family justice services across Canada along with a legislative overview of various family law issues such as: child custody and access, parenting, contact, the best interests of the child, child support, spousal and partner support, taxation of support and enforcement. Section 4, the Profiles of Jurisdictions, offers a listing of provincial and territorial family justice services*. (August 2006) (*Note: The list of family justice services available in the province of Quebec is not yet available and will be added at a later date.)
Final Federal-Provincial-Territorial Report on Custody and Access and Child Support — Putting Children First (HTML, PDF)
This report represents the results of the Custody and Access Project of the Federal-Provincial-Territorial Family Law Committee, which was initiated at the request of Deputy Ministers Responsible for Justice. The federal, provincial and territorial governments participated in this work. The deputy ministers also asked the committee to review the child support guidelines. The report is the result of extensive research and consultations with family law professionals, parents, advocacy groups and interested Canadians, as well as lengthy federal-provincial-territorial discussions to develop recommendations for future action. (November 2002)
Federal-Provincial-Territorial Consultations on Custody, Access and Child Support in Canada
Working together, federal, provincial and territorial governments initiated a consultation process in April 2001 to give Canadians the opportunity to share their views with governments on custody, access and child support issues. (November 2001)
- Consultation Document (HTML, PDF, 313kB)
- Executive Summary of the report (HTML) (PDF, 238kB)
- Full Report (HTML) (PDF, 3.9MB)
Inventory of Government-Based Services that support the making and enforcement of Custody and Access decisions
An inventory of provincial and territorial government programs that support the making and enforcement of custody and access decisions, this document is not intended to be a scientific or statistical study, nor an exhaustive list. It outlines the services available across Canada that are available to support post-separation parenting arrangements such as: parent-education; mediation; family-law information; legal aid; case management; custody and access assessments and supervised-access facilities. Locations, names and phone numbers of those who run the programs are provided but only programs or services that are in force, or have a 1999 implementation target date, are included. (January 2000)
Federal Funding of Provincial and Territorial Child Support, Support Enforcement and Child Custody and Access Projects (1997-2001) (HTML, PDF)
The Department of Justice Canada established the Child Support Initiative in 1996 to help implement the Federal Child Support Guidelines and new and enhanced support enforcement measures. A key element of these efforts was the Child Support Implementation and Enforcement Fund. In effect, the Fund provided financial assistance to provincial and territorial governments to cover part of the costs they incurred to implement child support guidelines and new enforcement measures. (December 2003)
Summary of Activities for
the Child-centred Family Justice Fund
(2003-2005) (HTML, PDF) by Program Development Unit,
Family, Children and Youth Section,
Department of Justice Canada (November 2005)
This document provides a brief history and context of the Strategy and Fund, including its principles and “Primary Areas of Activity”, followed by a summary of the activities that have been provided by the provincial, territorial and non-governmental organizational partners during the first two years of the Fund (2003-2005).
Additional research reports on child support issues can be found on the Department of Justice Canada's Child Support Web Site.
The Meaning of Ordinary Residence and Habitual Residence in the Common Law Provinces in a Family Law Context (HTML, PDF) by James G. McLeod
This report examines the interpretation given to these two concepts in the Common Law provinces. The analysis focuses on the 1980 and 1996 Hague Conventions, the Divorce Act and some provincial family law legislation. (September 2006)
The Concepts of Habitual Residence and Ordinary Residence in Light of Quebec Civil Law, the Divorce Act and the Hague Conventions of 1980 and 1996 (HTML, PDF) by Gérald Goldstein
The first part of this report is devoted to the concept of habitual residence in Quebec civil law and the 1980 Hague Convention on International Child Abduction and 1996 Hague Convention on the Protection of Minors. The second deals with the concepts of habitual residence and ordinary residence under Quebec civil law and the Divorce Act. (September 2006)
Making appropriate parenting arrangements in family violence cases: applying the literature to identify promising practices (HTML, PDF) (2005–FCY–3E) by Peter G. Jaffe,
Claire V. Crooks,
and Nick Bala
This paper was written to assist policy makers and practitioners in dealing with the difficult issues that arise in making appropriate post–separation parenting arrangements in cases where there are family violence issues. (December 2005)
The Child-centred Family Justice Strategy: Baseline Information from Family Law
Practitioners (HTML, PDF) by the Canadian Research Institute for Law and the Family (CRILF)
The Canadian Research Institute for Law and the Family (CRILF) conducted this
research project on the current state of the practice of family law in Canada. The purpose of the project
was twofold: (1) to obtain current baseline information on the characteristics of cases handled by family law lawyers in Canada; and (2) to obtain feedback from both lawyers and judges concerning family law issues based on their knowledge and experience. (December 2005)
Impact of Adding Revenue Canada Databases Under FOAEA—Part 1 Tracing For Locating Persons, Final Report (HTML, PDF) (2004-FCY-10E) by
Focus Consultants
This report presents the results of the research
implementation phase of a study assessing the impact and effectiveness of the
addition of Canada Customs and Revenue Agency (CCRA) databases to federal
information sources accessed for tracing payors owing maintenance arrears and
in identifying and locating employers to whom attachments (garnishees) might be
applied. This report was preceded by a preliminary report examining the
Research Design and Pilot Phase results for the study. (June 2005)
The Emerging Phenomenon of Collaborative Family Law (CFL): A Qualitative Study of CFL Cases (HTML, PDF) (2005-FCY-1E) by
Dr Julie Macfarlane
This report describes the results of a three-year
research project that examined the practice of CFL in Canada
and the U.S.
The objective of the research was to explore the differences that CFL makes to
the process and outcome of divorce disputes, and in particular to assess its
impact on the clients of family legal services. A parallel goal was to evaluate
the impact of CFL on traditional lawyering values and practices and to identify
the core values of competent and effective CFL. (June 2005)
Family Justice Services Western -
Final Evaluation (HTML, PDF) (2004-FCY-8E) by
IHRD
This document reports on the evaluation of Family Justice Services Western (FJSW). FJSW is a pilot project funded by the Department of Justice Canada, Child-Centred Family Justice Fund-Incentives for Special Projects and sponsored by the Department of Justice, Government of Newfoundland and Labrador. (June 2005)
Moving On: The Expansion of the Family Network After Parents Separate (HTML, PDF) (2004-FCY-9E) by Heather Juby, Céline Le Bourdais and Nicole Marcil-Gratton
This is the third of three reports commissioned by the Department of Justice Canada that use family history data from the National Longitudinal Survey of Children and Youth (NLSCY) to explore the impact of parents' conjugal behaviour on their children's family environment and economic well-being. (April 2005)
When Parents Separate: Further Findings from the National Longitudinal Survey of Children and Youth (HTML, PDF) (2004-FCY-6E) by Heather Juby, Nicole Marcil-Gratton and Céline Le Bourdais
This report was commissioned by the Department of Justice Canada as part of a project using data from the “Family History and Custody” section of the National Longitudinal Survey of Children and Youth (NLSCY) to explore the impact of parents' family transitions on children's family environment and economic well-being. This is the first of two reports exploring the way in which parents' conjugal behaviour shapes the family life course of their children. (April 2005)
JustResearch
2005 - Issue No. 12 (HTML,
PDF)
by Research and Statistics Division, Department of Justice Canada
In this issue of JustResearch, the authors explore some of the major policy
research questions in the area of ‘Justice and the Canadian Family.’
Two articles of interest are: Shared Custody Arrangements: Pilot Interviews
with Parents which provides a brief summary of the authors' recent work
on shared custody arrangements; and Research Funded by the Department of
Justice Canada on the National Longitudinal Survey of Children and Youth which
provides a summary of findings from this survey. (January 2005)
Shared Custody Arrangements: Pilot Interviews With Parents (HTML, PDF) (2004-FCY-5E) by Rick Gill
Commissioned by the Department of Justice Canada, this pilot study examines the feasibility of collecting information on parenting arrangements on a national level. (August 2004)
Voice and Support: Programs for Children Experiencing Parental Separation and Divorce (HTML, PDF) (2004-FCY-2E) by Pauline O'Connor
This report discusses “adjustment” and “voice” programs separately, and shows how they are linked. (May 2004)
High-conflict Separation and Divorce: Options for Consideration (HTML, PDF) (2004-FCY-1E) by Glenn A. Gilmour
This discussion paper examines the issue of high-conflict divorce in light of proposals for reform made by the Special Joint Committee on Child Custody and Access in its 1998 Report and the federal government's response to that report. (April 2004)
Linking Family Change, Parents' Employment and Income and Children's Economic Well-Being: A Longitudinal Perspective: An Analysis of the National Longitudinal Survey of Children and Youth (HTML, PDF) (2003-FCY-2E) by Heather Juby, Céline Le Bourdais and Nicole Marcil-Gratton
This report was commissioned by the Department of Justice Canada to continue analyses of data from the Family History and Custody section of the National Longitudinal Survey of Children and Youth (NLSCY). (March 2004)
Child Custody Arrangements: Their Characteristics and Outcomes (HTML, PDF) (2004-FCY-3E) by Sharon Moyer
This literature review describes what is known about the factors that affect child custody arrangements, the characteristics of different custody arrangements and their effects on children and their parents. The emphasis is on shared custody. (March 2004)
Report on Family Law Research in Nunavut (HTML, PDF) (2003-FCY-3E) by Kelly Gallagher-Mackay
Report summary -- Inuktitut version (Available only in PDF)
In general terms, the purposes of the research were to: develop data on family law matters, such as adoptions, divorces, separation, use of services; gather evidence concerning how families in Nunavut, particularly the majority Inuit population, manage and deal with family law matters at the community level; and better understand the problem of access to family law and, at the same time, increase communication about and awareness of family law, family law rights and family law-related services in Nunavut. (March 2004)
Managing Contact Difficulties: A Child-Centred Approach (HTML, PDF) (2003-FCY-5E) by Rhonda Freeman and Gary Freeman
Drawing on a literature review and consultation with key informants in Canada and abroad, the authors put forward several critical questions concerning contact difficulties. The paper discusses how contact benefits children, factors that influence contact, the child's experience of contact, prevalence of difficulties and variables related to undermining and obstructing child-parent relationships. (February 2004)
Grandparent-Grandchild Access: A Legal Analysis (HTML, PDF) (2003-FCY-15E) by Dan L. Goldberg
This report provides a legal analysis of grandparent-grandchild access issues. (February 2003)
Child Access in Canada: Legal Approaches and Program Supports (HTML, PDF) (2002-FCY-6E) by Pauline O'Connor
This report examines the legal approaches and program supports related to child access enforcement in Canada. (October 2002)
An Overview of the Risks and Protectors for Children of Separation and Divorce (HTML, PDF) (2002-FCY-2E) by Silvia C. Bernardini and Jennifer M. Jenkins
The purpose of this paper is two-fold: to examine the factors related to divorce that put children at risk of maladjustment and protect them from negative consequences; and to review the usefulness of available measures for assessing conflict in families experiencing parental divorce. (October 2002)
The Voice of the Child in Divorce, Custody and Access Proceedings (HTML, PDF) (2002-FCY-1E) by Ronda Bessner
This paper examines the participation of children in divorce, custody and access proceedings. (October 2002)
Family Mediation Canada Consultation on Custody, Access and Child Support (HTML, PDF) (2001-FCY-11E) by Joanne J. Paetsch, B.A., Lorne D. Bertrand, Ph.D., and Joseph P. Hornick, Ph.D. (Canadian Research Institute for Law and the Family)
The purpose of this survey was to obtain feedback from mediators about their experiences with custody and access issues and the Guidelines, as well as their perceptions of the need for changes, both legislative and otherwise, in these areas. Participants were asked to comment on issues and policy options based on their professional knowledge and experience. (February 2002)
An Analysis of Options for Changes in the Legal Regulation of Child Custody and Access (HTML, PDF) (2001-FCY-2E) by Brenda Cossman.
Separation and divorce are tumultuous for children, as their parents struggle to restructure their parenting relationship. Legal conflicts over parenting arrangements can be protracted and bitter. Increasing public attention has been directed to the question of whether the current legal regime is up to the task of facilitating the restructuring of parental relationships following separation and divorce in a way that promotes the best interests of children. The objective of this research paper is to evaluate three options for reform. Option one works within the current language of custody and access. Option two proposes a neutral model of parenting responsibility and parenting orders. Option three is based on a model of shared parenting. (August 2001)
Federation of Law Societies of Canada: Consultation on Child Support Guidelines and Custody and Access (HTML, PDF) (2001-FCY-10E) by Federation of Law Societies of Canada and Canadian Research Institute for Law and the Family.
The purpose of this project was to get feedback from lawyers and judges about their experiences and perceptions regarding the Federal Child Support Guidelines and the issues of custody and access. The project was undertaken by the Federation of Law Societies of Canada (FLSC) on behalf of the Department of Justice Canada. The Federation worked in partnership with the Canadian Research Institute for Law and the Family (CRILF). (August 2001)
Overview and Assessment of Approaches to Access Enforcement (HTML, PDF) (2001-FCY-8E) by Dr. Martha Bailey.
The purpose of this project was to produce a comparative review of legal approaches to the problem of enforcement of access orders, and to investigate and analyze Canadian case law and legislation. (August 2001)
The Early Identification and Streaming of Cases of High Conflict Separation and Divorce: A Review (HTML, PDF) (2001-FCY-7E) by Ron Stewart, MSW.
This paper, based on a comprehensive review of the literature, plus a series of interviews with clinicians and researchers who work with divorced families, identifies a series of risk factors that contribute to negative outcomes for many children whose parents separate and divorce. One of the risk factors for children frequently identified in studies of divorce is increased or high conflict between parents. This review summarizes the difficulties found in many other studies that try to clearly define high conflict divorces. Despite these difficulties, the research review identifies the behavioural, emotional and environmental factors most frequently connected with high conflict divorce. (July 2001)
Allegations of Child Abuse in the Context of Parental Separation:A Discussion Paper (HTML, PDF) (2001-FCY-4E) by Nicolas M.C. Bala et al.
The tension, hostility and challenges that arise when parents separate are inevitably heightened if there are allegations of child abuse. If the allegations are true, the child and a supportive parent will suffer; if those allegations are improperly dismissed by the courts as unfounded, the consequences for a child and a supporting parent can be devastating. An unfounded allegation can also have very damaging consequences for a child and the wrongly accused parent. This paper reviews what is known about these very difficult cases, and how our legal and social service systems try to achieve a balance between the various rights and interests that arise. (June 2001)
Keeping Contact with Children: Assessing the Father/Child Post-separation Relationship from the Male Perspective (HTML, PDF) (CSR-2000-3) by Céline Le Bourdais, Heather Juby and Nicole Marcil-Gratton.
The authors analyzed variations in the frequency of father/child contact following parental separation using data from the General Social Survey on the Family, carried out in 1995 by Statistics Canada. Separated parents replied to questions concerning the amount of time each of their children had spent with them, and with their other parent, during the year preceding the survey. This information made it possible to take into consideration men's attitudes towards, and perceptions of, their parental role. (March 2001)
Post-Separation Visitation Disputes: Differential Interventions (HTML, PDF) (2001-FCY-6) by Rachel Birnbaum and Willson McTavish.
Visitation is a highly contentious issue in separation and divorce. When it is brought before the court for resolution, mental health professionals are engaged to provide "evidence" for a recommendation. The process by which evidence is obtained during the evaluation is referred to as the "custody and access assessment." The purpose of this study was to explore and examine the process and outcomes of different types of interventions in visitation disputes before the court. (March 2001)
Divorce Reform and the Joint Exercise of Parental Authority: The Quebec Civil Law Perspective (HTML, PDF) (2000-FCY-3E) by Dominique Goubau.
This study describes the civil law notion of joint exercise of parental authority and provides a critical analysis of how it is applied and understood in Quebec. The purpose of this study is to determine whether, in the event of divorce reform, Quebec law offers an alternative in terms of parental roles. (February 2001)
Focus Groups on Family Law Issues Related to Custody and Access (HTML, PDF) (2000-FCY-5E) by SAGE Research Corporation.
In early 2000, focus groups were conducted to explore the public's views on which "best interests of the child" criteria should be used in the reform of family law. The groups also examined the underlying values and rationales that lead the public to those choices and preferences as well as attitudes towards current "custody and access" terminology and the possible alternatives that could be used. (February 2001)
Selected Statistics
on Canadian Families and Family Law: Second Edition (HTML,
PDF)
(CSR-1999-2E)
This report contains information on families in Canada, characteristics of those
families and information on family law topics such as marriage, divorce, support
awards, payment of child support, and custody and access. (March 2000)
Custody, Access and Child Support: Findings from The National Longitudinal Survey of Children and Youth (HTML, PDF) (CSR-1999-3E) by Nicole Marcil-Gratton and Celine Le Bourdais.
This report presents the results of an analysis of the cycle 1 data of the National Longitudinal Survey of Children and Youth (NLSCY), "Family History and Custody" section. The data provides a unique means to study, over an extended period, how different aspects of children's environments influence their development. (June 1999)
Canadian Custody and Access Provisions: A Legislative Comparison
This document offers a summary of Canadian legislation pertaining to custody and access. (March 1998)
Child Custody and Access in Foreign Jurisdictions: A Legislative Comparison
This report provides a comparison of child custody and access legislation in the United Kingdom, Florida, Indiana, Washington, Minnesota, California, Australia, and New Zealand. These eight common law, English speaking jurisdictions were chosen to provide a representative sample of different kinds of legislative approaches and to reflect the major recent developments respecting child custody and access issues. (March 1998)
Australia
The Family Law Reform Act 1995 : The first three years
This is a report on research into the operation of the Australian Family Law Reform Act 1995 from the time it came into effect in June 1996 to the end of 1999. The research was conducted by the University of Sydney's Faculty of Law and the Family Court of Australia.
Out of the Maze: Pathways to the future for families experiencing separation
Report of the Family Law Pathways Advisory Group, a committee established to provide high-level advice to the Government of Australia on how to achieve a family law system which provides effective support systems for families; coordinates client-focused information and services; and provides pathways that are effective and appropriate.
Reports of the Family Law Council
This page presents a list of reports submitted by the Family Law Council to the Australian Attorney General's Department.
Griffith University - Family Research Unit Working Papers
Griffith University's Family Law Research Unit produces working papers designed to encourage debate on family law in Australia and internationally. (Click on 'Publications' and 'Working Papers Series'.)
France
Ministère de la Justice (Family Law)
This page presents the latest reports and information on French family law reforms. (Only available in French)
New Zealand
Family
Courts of New Zealand - Papers and Reports
This page contains papers and reports considering issues related to New Zealand family law and the Family Court of New Zealand.
United Kingdom
The Lord Chancellor's Department (Family & Individual Matters)
This page presents family law reports and other documents prepared by the Lord Chancellor's Department.
United States of America
Washington
State Parenting Act Study - Report to the Washington State Gender and Justice
Commission and Domestic Relations Commission by Diane N. Lye, Ph.D.
(June 1999)
In 1998, the Gender and Justice Commission contracted with the author to conduct a study of the Washington State Parenting Act. The overarching goal of the study was to gather information about how parents seeking a dissolution of marriage make arrangements for parenting, and how those arrangements operate after the marriage is dissolved.
Convention on the Rights of the Child
The Convention on the Rights of the Child (CRC), adopted by the United Nations in 1989, is an internationally recognized agreement between nations which spells out the basic human rights to which children everywhere are entitled: the right to survival; the right to the development of their full physical and mental potential; the right to protection from influences that are harmful to their development; and the right to participation in family, cultural and social life.
The Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 is a multilateral treaty, which seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return.
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