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The dominant philosophy in family court emphasizes cooperative solutions between separating parents who are encouraged to put their conflicts behind them. For the majority of separating families, this collaborative approach will best serve their children. However, cases involving domestic violence require a paradigm shift, with a greater focus on making a parenting plan that protects victims and children, and less emphasis on speedy, cooperative outcomes. This paper presents a framework for addressing domestic violence through a tiered assessment strategy and an accompanying intervention framework depicted by off-ramps from a freeway (as an analogy in this case to the substantial momentum towards collaborative settlements). These off-ramps for domestic violence and high-conflict cases do not suggest a one-size-fits-all solution within these categories; rather, they mark a departure point from which a wide range of solutions may be considered. Policy and practice implications of this paradigm shift are highlighted.
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"Understanding Family Violence in Family Court Proceedings addresses the growing recognition in Canadian legislation and case law of the need to more effectively address intimate partner violence in family court, with a focus on protecting the safety, well-being, and economic interests of victims and their children post-separation, while also including essential material for professionals working with those who commit family violence. Written by a team of interdisciplinary experts, the book explores various forms of abuse and coercive control, ongoing harassment and emotional abuse after separation, the use of litigation as a tool of abuse, and family violence issues related to parenting and economic matters in post-separation family court cases. Contributors include leading practitioners, scholars in family law and domestic violence, and retired judges, with a foreword by former Chief Justice of Canada, Beverly McLachlin. Offering invaluable insights and practical guidance, Understanding Family Violence in Family Court Proceedings is essential reading for experienced family lawyers, judges, and other professionals, while also providing foundational knowledge for students entering the family justice field or working with survivors of family violence. The book also offers critical perspectives that will make it a valuable addition to gender or feminist studies courses."-- Provided by publisher.
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"Understanding Family Violence in Family Court Proceedings addresses the growing recognition in Canadian legislation and case law of the need to more effectively address intimate partner violence in family court, with a focus on protecting the safety, well-being, and economic interests of victims and their children post-separation, while also including essential material for professionals working with those who commit family violence. Written by a team of interdisciplinary experts, the book explores various forms of abuse and coercive control, ongoing harassment and emotional abuse after separation, the use of litigation as a tool of abuse, and family violence issues related to parenting and economic matters in post-separation family court cases. Contributors include leading practitioners, scholars in family law and domestic violence, and retired judges, with a foreword by former Chief Justice of Canada, Beverly McLachlin. Offering invaluable insights and practical guidance, Understanding Family Violence in Family Court Proceedings is essential reading for experienced family lawyers, judges, and other professionals, while also providing foundational knowledge for students entering the family justice field or working with survivors of family violence. The book also offers critical perspectives that will make it a valuable addition to gender or feminist studies courses."-- Provided by publisher.
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