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SJCA Committee Report

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Committee Report

Table of Contents

List of Members

Order of Reference

Summary of Recommendations

Chapter 1 - The Divorcing Family

A. Statistics About Children and Divorce

B. Attitudes Toward Divorce

C. Attitudes Toward Divorce

D. Child-Parent Relationships Must Survive Divorce

E. Gender Bias in the Courts

F. Unethical Practices by Family Law Lawyers and Flaws in the Legal System

CHAPTER 2: Improving Outcomes for Children

A. Hearing Children's Voices

B. Children's Rights

C. Reducing Conflict

1. The Language of Divorce

2. Parenting Education

D. Shared Parenting and Parenting Plans

E. Non-Adversarial Dispute Resolution

F. Widening the Circle: Involving Others with the Children of Divorce

CHAPTER 3: Models from Other Jurisdictions

B. United Kingdom

CHAPTER 4: Federal and Provincial Government Roles

A. The Federal Government

1. The Divorce Act

(i) No Presumptions

(ii) Best Interests of the Child

(iii) Official Languages

(iv) Parenting Survives Divorce

(v) The Federal Child Support Guidelines

(vi) The Friendly Parent Rule

(vii) Access Enforcement

(viii) Grandparents' Applications for Parenting Orders

2. Other Federal Contributions

(i) Federal Leadership

(ii) Unified Family Courts

B. Provincial Governments' Constitutional Responsibilities

1. Access Enforcement

2. Doorstep Problems

3. Public Awareness about Parenting and Relationships

C. Both Levels of Government

1. Do Not Link Support and Access

2. Legal Representation for Children

3. Relocation Cases

4. The Professions

CHAPTER 5: Complications of High-Conflict Divorces

A. Supervised Parenting Programs

B. Interaction with the Child Protection System

D. Domestic Violence

E. Parental Child Abduction

F. False Allegations of Abuse or Neglect

G. Action on Perjury in Civil Courts

H. Parental Estrangement and Parental Alienation

CHAPTER 6: Aboriginal Concerns

CHAPTER 7: Sexual Orientation, Religious and Ethno-Cultural Minorities, and Canadians Living Abroad

A. Sexual Orientation

B. Religious Minorities

C. Ethno-Cultural Minorities

D. Canadians Living Abroad

Request for Government Response

Dissenting Opinion - Reform Party

Dissenting Opinion - Bloc Québécois

Dissenting Opinion - NDP

Appendix I - List of Witnesses

Appendix II - Submissions received from Organizations

Appendix III - Submissions received from Individuals

Report Number 02

Minutes of Proceedings