Putting Children's Interest First - Federal-Provincial-Territorial Consultations on Custody and Access and Child Support

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APPENDIX B:

PROVINCIAL AND TERRITORIAL PAPERS

• Use of Dispute Resolution in Access Enforcement Effectiveness, Description of Models, and Policy Issues (prepared for the British Columbia Ministry of the Attorney General)

  Dispute resolution is a useful and successful tool for resolving most conflicts experienced by couples who are separating or divorcing. Many social science studies conclude that between 80 and 90 percent of cases involving disputes between separating couples can be dealt with effectively by some type of non-judicial intervention. This intervention includes mediation, counselling or parental education. Anecdotal evidence indicates that mediation is less likely to resolve difficult access cases. Three recent reports have looked specifically at this issue. One study deals with the Australian experience and two others evaluate programs relating to access enforcement in various U.S. jurisdictions.

  This discussion paper is divided into three parts. The first part describes the three above-mentioned social science studies. The second part describes some approaches other jurisdictions are using to ensure compliance with access orders. The third part discusses various policy issues that require further study and thought.

  This paper is posted on the website of the British Columbia Ministry of the Attorney General at:
  http://www.ag.gov.bc.ca/public/dispute_res_ access_enf.htm

• Custody and Access Terminology: Options for Legislative Change in BC (prepared for the British Columbia Ministry of the Attorney General)

  In its Strategy for Reform, the federal government responds to the report of the Special Joint Committee on Child Custody and Access. It indicates that the federal government will be working closely with the provinces and territories to determine what changes, if any, should be made to the terms "custody" and "access" in the Divorce Act and corresponding provincial legislation. Given the concurrent jurisdiction of the federal and provincial governments for child custody and access, any amendments to the federal Divorce Act would have an impact on provincial laws dealing with child custody and access, such as the British Columbia Family Relations Act.

  This report analyzes the benefits and drawbacks of several options for changing the law of child custody and access in British Columbia, with a particular emphasis on terminology. The research focuses on the provincial Family Relations Act, but also discusses the federal Divorce Act. The emphasis is on what terms should be used to describe parenting after separation, and on how parenting rights and responsibilities should be divided between parents after separation or divorce. The Ministry of the Attorney General intends to use this paper as a starting point for considering whether the provisions of the Family Relations Act concerning child custody and access should be amended and, if so, how they should be amended.

  The first part of the report carefully studies the provisions of the Family Relations Act and the Divorce Act and analyzes the current law of child custody and access in British Columbia. Relevant case law and secondary texts are also reviewed. The legislative provisions containing these terms are then reviewed to assess the impact of changing the terms "custody" and "access" in the Family Relations Act.

  The second part of the report analyzes the experiences of four foreign jurisdictions that have reformed their child custody and access laws in recent years: Washington State, Oregon State, the United Kingdom and Australia. These jurisdictions are chosen because each has significantly reformed its child custody and access legislation over the past decade, including changes to terminology. For each of the four jurisdictions, the legislative provisions and the available evaluation research are studied to determine the nature of the legislative reforms and whether the reform objectives have been met.

  The third part of the report identifies options for legislative reform and discusses the benefits and drawbacks of each option. These options are identified from the experiences in other jurisdictions, policy and position papers concerning child custody and access, and discussions with staff of the Ministry of the Attorney General.

  This paper is posted on the website of the British Columbia Ministry of the Attorney General at:
  http://www.ag.gov.bc.ca/public/custody_ access_term.htm

• Assessing, Serving and Maintaining Parenting Arrangements for High Conflict Families (by Policy Planning and Evaluation, Saskatchewan Justice)

  This paper focuses on describing a spectrum of services available to families to help reduce the levels of conflict. The "one size fits all" approach is inappropriate for all children or all families. Families are unique and experience different levels of conflict during separation and divorce. The paper recognizes that levels of conflict may change during different periods of their relationships. Therefore, families need quick and accurate assessments and a variety of programs and services to help reduce conflict or, where it cannot be reduced, to minimize the parental contact to avoid the conflict.

  Whether assessing the situation, providing services or supporting ongoing parenting, the responsibility is not limited to government. Individuals, the community and organizations have roles in reducing the conflict and raising healthy, resilient children.

Copies of this paper can be obtained from:

Policy, Planning and Evaluation
Saskatchewan Department of Justice
4^th Floor, 1874 Scarth Street
Regina, Saskatchewan
(306) 787-3481

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