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'Posttraumatic Stress Disorder and Domestic Violence' published in 'Encyclopedia of Domestic Violence'

Linda C Neilson, 2017 CanLIIDocs 2

"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.

Voici enfin un ouvrage en français qui propose une analyse approfondie du contrôle coercitif, s'appuyant sur les dernières avancées de la recherche. Il offre des pistes de réflexion et d'action concrètes pour mieux comprendre les dynamiques complexes de la violence conjugale. Un outil de référence indispensable pour les professionnels du milieu afin d'agir et de faire évoluer les mentalités

The volume contains essays from leading commentators on the law of torts, and will be essential reading for academics, students, judges, and all practitioners involved in litigation or providing advice with respect to tort liability

"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.

This paper explores Canadian family law cases involving claims of parental alienation and of family violence from 2014–2018, reporting the data on these claims, their resolution, and their impacts upon custody and access. A close reading of those cases where both alienation and intimate partner violence claims are made reveals troubling patterns in how intimate partner violence is discounted in this context. We suggest that the rise of shared parenting as a dominant norm assists in understanding why alienation has achieved such unquestioned status, and call for greater focus on safety and women’s and children’s voices.

Canadian courts have held that parents stand in a fiduciary relationship with their children. Some commentators take the view that this is an inappropriate and unwarranted extension of a set of concepts that were originally elaborated in the context of the management of property rights and other pecuniary interests. The goal of this article is to assess the characterization of parents as fiduciaries in the light of recent scholarship on fiduciary law. I argue that, while there are significant differences between the parent-child context and more established fiduciary categories, the characterization of the parent as a fiduciary toward his or her child nonetheless captures a central – indeed, a defining – element of the parent-child relationship, which is also a characteristic element of all established fiduciary relationships: namely, the possession of legal powers that are held in a managerial or other-regarding capacity for the benefit of another person. Every aspect of the traditional property-based fiduciary relationship finds its counterpart in the juridical relationship between a parent and his or her minor child. The ability of a parent to take account of his or her own interests in relation to some exercises of the parent’s decision-making powers is also found in many established fiduciary relationships. The recognition of parenthood as a fiduciary relationship leads to a better understanding of fiduciary relationships because it clarifies how such relationships are constituted, and it clarifies that they extend to any situation where one person is empowered and authorized to look after the interests of another, whether those interests be financial or entirely personal.

Should family lawyers be subject to special rules of professional conduct? This debate has resurfaced because of the 2021 amendments to the federal Divorce Act (“Act”), which imposed new professional obligations on lawyers. The suggestion is that the Act now conflicts with the Federation of Law Societies Model Code of Professional Conduct (“Model Code”), such that the Model Code needs to be amended to comply with family lawyers’ legislative professional obligations. There are also questions about whether additional guidance is needed for lawyers when representing parties who are experiencing family violence. Against this backdrop, I review the question of whether family lawyers ought to be governed by a separate code of professional conduct, suggesting that there are questions about the lawyer’s role which need to be answered before a comprehensive regulatory change can be considered. I also argue, however, that family violence concerns, specifically in relation to intimate partner violence, need to be central to discussions about professional rules and ought not wait. This paper concludes with recommendations for reform to the Model Code and questions for future debate and discussion.

11 LE DROIT DE LA FAMILLE was published in Contrôle coercitif on page 223.