Beaupré New cases represented over one-half (54%) of all active family cases, although the proportion varied among the provinces and territories, ranging from 37% in British Columbia to 79% in Nunavut. Although most family law cases do not involve trials, it was found to take longer for a trial to be reached in cases involving access and child support than custody cases. The proportion was lower in child support cases (66%) compared to custody (85%) and access (84%) cases. In comparison, about 23% of cases involving custody and 17% of child support cases were contested. These cases addressed issues of custody, access, support or division of property outside of a divorce proceeding such as cases of separation or those deciding arrangements for a child born outside a union.6, Chart 1 For example, parents may not share equal time with their child, but could be equally involved in any major child-related decisions on health, religion/spirituality or education. Because time is needed to compile, analyze, and publish data, statistical publications often are released 2 … Child custody defines the legal guardians of children from common law, marriage or other relationships. (accessed November 23, 2010). And while a bias against men in child custody cases has been around for decades, let’s explain why this is happening from a legal perspective. As family law cases proceed through the courts, many questions surrounding the process arise. Of note, the Census of Population (2017) reports that in 2016, close to 2 in 10 children aged 0 to 14 were living in a lone-parent family: 81% were living with their mother and 19% were living with their father. In 2009/2010, one-third (33%) of access cases were contested, the highest proportion among single issue cases (Text table 1). Determining Custody In just over 51% of custody decisions, both parents agree that the mother should become the custodial parent. The GSS also reported only 9% of children living equally in both parents’ homesFootnote 13. Learn more about child custody plans, agreements, and guardianship to lay the foundation for positive co-parenting. Footnote 4 In most cases, parents come to an agreement on arrangements for their children. Small increase in family law cases in 2009/2010, Divorce and other family breakdown most common types of family law cases, Half of all divorce and other family breakdown cases still active more than one year later, Support is most common issue for lengthy divorce and other family breakdown cases, Cases dealing only with custody involve shorter periods of time in civil court system, Child access cases involve higher number of court events than child support or custody cases, Child support and access cases take longer to reach trial than custody cases, First decision in cases involving access, custody and child support usually reached within three months, Navigating Family Transitions: Evidence from the General Social Survey, Final Federal-Provincial-Territorial Report on Custody and Access and Child Support: Putting Children First, Department of Justice Inventory of Government-Based Family Justice Services, The Supporting Families Experiencing Separation and Divorce Initiative, Parenting after separation and divorce: a profile of arrangements for spending time with and making decisions for children. Some provinces have unified family courts which permit all aspects of family law to be dealt with in a single court.3 The unified family courts are presided over by superior court judges, who hear matters of both federal and provincial/territorial jurisdiction. Past conduct of a parent is irrelevant in determinations of the issues of custody or access unless that conduct is relevant to the person’s ability to act as a parent to the child. Shared Parenting in Canada: Increasing use but continued controversy. Using data from the Civil Court Survey, this article examines family law cases within the civil court system in order to more closely examine the key questions mentioned above. Most cases (82%) involving custody reached trial within one year, whereas about half of all access cases (53%) and child support cases (57%) reached trial within one year.13. Uncontested orders are where all issues are unopposed (i.e. • Most custodial parents had one child (54.7 percent). Is the issue of custody increasingly settled out of court? Cases involving only "other family" matters represent 49% of this category.Note: Excludes data from Newfoundland and Labrador, Prince Edward Island, New Brunswick, Quebec, Manitoba and Saskatchewan due to the unavailability of data. Results from the Census of Population 2016, Statistics Canada Catalogue no. Statistics Canada—Catalogue no. According to the SFC data, in 2014-2015 sole custody was the result in 62% of consent cases, with shared custody being the result in 28%. These data include predominantly parents who were married and later divorced. Many of these events are considered to be "judgments", which include all decisions made by the court, including interim orders, orders and summary judgments. (accessed Novermber 23, 2010). 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