Canadian Family Law
  • Federal, such as, The Divorce Act and Child Support Guidelines

  • Provincial interpretations of Federal Law

  • Provincial laws and Statutes.

Spousal Support Guidelines – Recently introduced and invented by a committee of lawyers and judges sponsored by the Liberal Justice Ministry. These guidelines unlike the Child Support Guidelines do not have legislative approval yet are becoming the default for courts. More on this later in the book but this a good example of Courts overstepping their mandate by creating there own laws…. a very disturbing situation.

IDEOLOGY AND DYSFUNCTION IN FAMILY LAW

What Family Law says – what the courts order

Family Law Reformes – A history of inaction

  • 1991 – Discussion Paper on Child Support

  • 1997 – Introduction of the Child Support Guidelines

  • – Formation Joint Committee on Child Custody and Access

  • – Committee Report “ For the Sake of the Children” was submitted to Parliament with 38 Recommendation.

  • – Government Response to Join Committee Report (45 Recommendations)

  • 2001 – Consultations with Provinces and Territories

  • 2002 – Report – Putting the Children First (40 Recommendations)

  • 2006 – Bottom line: Over a period of 15 years, nothing has been done to address any of the major issues including Child Custody and Access.

Whatever the decision, is it really in the “kids best interest”. Even in the competitive business world the notion of “win at any cost” has given way to partnership, co-operation and win/win solutions. To compromise is no longer to lose. There is a better way….Lets get “FOOCN” “Families Out of Court Now”.

This blog post includes an excerpt from the 2006 book Courts From Hell by Frank Simons

Frank Simons Courts From Hell

REPORT CARD ON SHARED PARENTING