Inventory of Reforms

Traditionally, disputes with respect to custody of or access to children, child support and spousal/partner support have proceeded through the adversarial court process in much the same fashion as any other civil dispute. In a marked departure from that process, the current mandate of the Family Justice Services Division is to offer parent information sessions and alternative dispute resolution services to the parties and as well, counselling to the parties and their children, at the initial stages of a family law dispute. The formal Court process will only be utilized where the parties, after having availed of these services, are unable to arrive at a resolution of their issues.

There are a number of ways in which parties to a family law dispute may access the services offered by the Family Justice Services Division. Where an Application or a Response seeking an order in relation to custody, access or support is filed with the Court, the Provincial Court Family Rules, 2007 require that the matter be forwarded to the Family Justice Services Division so that services may be offered to the parties. If the parties are successful in resolving some or all of their issues, a consent order can then be filed with the Court without the necessity of a court appearance. Where there are issues outstanding, the Family Justice Services Division will send a "Note to Court" back to the Court and the matter will proceed to a Case Conference.

Alternatively, where both parties complete a Request for Service form and file it with the Family Justice Services Division, they may avail of the services and if successful in resolving their issues, simply file an application to file a consent order with the Court. If they are unsuccessful in resolving some or all of their issues, they will be given a "Note to Court" which they must file when they make an application to the Court. If parties have availed of the services at the Family Justice Services Division prior to making an application to the Court, their application will not be automatically sent back there again but rather, will continue through the Court process.

As well, a Judge may refer a matter back to the Family Justice Services Division where for example, one or both parties failed to attend an information or mediation session or where there is a need to ascertain the views of a child with respect to custody and access matters. This might also occur in situations where a significant period of time has elapsed since the parties last availed of services.

There are some matters with respect to custody and access which are not currently within the mandate of the Family Justice Services Division. Most notably, the Division does not do home studies or parenting assessments or provide services to supervise access visits. As well, applications in relation to child protection proceedings under the Child, Youth and Family Services Act are not referred for services although that option and other new initiatives are continually being considered in an effort to provide more and better support to families and children who are dealing with family law issues.

During the past year [2008], the expansion of Family Justice Services from regional pilot projects to a province-wide service has, from time to time and in some geographic areas more so than others, resulted in anticipated growing pains. This has been especially true as regards staffing and accommodations. As a result, sessions have been held and reports commissioned to deal with topics ranging from the governance and administration of the service to methods of service delivery.