Supporting the Health of Survivors of
Family Violence in Family Law Proceedings | Soutenir la santé des survivants de violence familiale dans les procédures de droit familial
This project is funded by the Public Health Agency of Canada and is designed to address the unique need of survivors of family violence within the family justice system. Canada’s research centres on violence against women will initiate, host and support a Community of Practice (CoP) comprised of family violence experts, survivors, family lawyers, researchers, mental health, and social service professionals .
Ce projet, financé par l’Agence de santé publique du Canada, est conçu pour répondre aux besoins particuliers des survivants de la violence familiale au sein du système de justice familiale. Les centres de recherche canadiens sur la violence envers les femmes lanceront, accueilleront et soutiendront une communauté de pratique (CdP) composée d’experts en violence familiale, de survivants, d’avocats de la famille, de chercheurs, de professionnels de la santé mentale et des services sociaux.
The overarching goal of the project is to enhanced support to survivors of violence through the family law system by increasing opportunities for family law practitioners to have training, guidance and resources to support trauma-informed practice, and to improve coordination of services that will enhance the safety and wellbeing of all parties.
L’objectif général du projet est d’améliorer le soutien aux survivants de la violence par le biais du système de droit de la famille en augmentant les possibilités pour les praticiens du droit de la famille d’avoir une formation, des conseils et des ressources pour soutenir une pratique tenant compte des traumatismes, et d’améliorer la coordination des services qui amélioreront la sécurité et le bien-être de toutes les parties.
Major goals for the project (November 2020 and November 2023) include the following:
- Foster communication, collaboration and build relationship among experts from the family violence and family law sectors;
- Develop and disseminate evidence-based guidance and resources to address issues crossing these areas of concern;
- Provide learning opportunities to build capacity of practitioners in the field of violence prevention and family law;
- Promote research and evaluation initiatives to examine effective strategies for helping victims, perpetrators and their children receive the interventions they need from family court proceedings;
- Support sustained knowledge mobilization in the field.
Les principaux objectifs du projet (novembre 2020 et novembre 2023) sont les suivants :
- Favoriser la communication, la collaboration et l’établissement de relations entre les experts des secteurs de la violence familiale et du droit de la famille ;
- Élaborer et diffuser des conseils et des ressources fondés sur des données probantes pour traiter les questions qui traversent ces domaines de préoccupation ;
- Fournir des opportunités d’apprentissage pour renforcer les capacités des praticiens dans le domaine de la prévention de la violence et du droit de la famille ;
- Promouvoir des initiatives de recherche et d’évaluation afin d’examiner les stratégies efficaces pour aider les victimes, les auteurs de violence et leurs enfants à recevoir les interventions dont ils ont besoin dans le cadre des procédures du tribunal de la famille ;
- Soutenir une mobilisation soutenue des connaissances dans le domaine.
- Develop guidance and information resources for dealing with COVID-19 and family violence victims involved in custody and access disputes that respect regional differences, and diverse realities.
- Develop guidance and information resources on critical issues related to risk assessment, safety planning and risk management strategies for family violence victims in family court, critical issues related to risk assessment, safety planning and risk management strategies for family violence victims in family court.
- Develop guidance and information resources on trauma-informed interventions for family violence victims in family court.
- Regional and National webinars on issues around risk assessment and supervised access provided by team of legal and family violence experts together with survivor.
Produits livrables :
- Développer des directives et des ressources d’information pour traiter les COVID-19 et les victimes de violence familiale impliquées dans des conflits de garde et d’accès qui respectent les différences régionales et les diverses réalités.
- Élaborer des directives et des ressources d’information sur les questions critiques liées à l’évaluation des risques, à la planification de la sécurité et aux stratégies de gestion des risques pour les victimes de violence familiale dans les tribunaux de la famille, questions critiques liées à l’évaluation des risques, à la planification de la sécurité et aux stratégies de gestion des risques pour les victimes de violence familiale dans les tribunaux de la famille.
- Élaborer des directives et des ressources d’information sur les interventions axées sur les traumatismes pour les victimes de violence familiale dans les tribunaux de la famille.
- Webinaires régionaux et nationaux sur les questions relatives à l’évaluation des risques et à l’accès supervisé, organisés par une équipe d’experts en droit et en violence familiale, en collaboration avec un survivant.
Community of Practice Legal Bulletins:
Issue No. 1.1 (May 2022) – Michel v. Graydon
Issue No. 1.2 (May 2022) – Colucci v. Colucci
Issue No. 1.3 (May 2022) – Barendregt v. Gerbil’s
Issue No. 2 (October 2022) – McLellan v Birbilis Family Violence and Parental Alienation
Issue No. 3 (November 2022) – Compensating Victims of Domestic Violence: The Case of A v. A
Issue No. 4 (December 2022) – Creating Safety in BC Courts: Key Challenges and Recommendations in English or French
Issue No. 5 (January 2023) – Protecting a Child’s Gender Identity and Family Violence
Issue No. 6 (March 2023) – A Bulletin from the Atlantic Chapter of the Family Violence
Issue No. 7 (March 2023) – Family Violence and Parenting Arrangements
Issue No. 8 (March 2023) – The Overlap Between Family and Criminal Law Cases: Bidgood-Lund v Marston
Issue No. 9 (March 2023) – Parenting Orders and Decision-Making in Cases of Family Violence
Issue No.10 (May 2023) – Relocation in the Context of Family Violence (French Translation)
Community of Practice Bulletins:
Community of Practice Research Briefs:
Issue No. 1 – Supporting the health of survivors of family violence in family law proceedings
Issue No. 2 – Why Can’t Everyone Just Get Along?: How BC’s family law system puts survivors in danger
Issue No. 3 – Coercive Control and Family Law
Issue No. 4. – A Review of the Recent Recommendations in Québec (English or French)
Issue No. 5. – The 2021 Divorce Act: Using Statutory Interpretation Principles to Support Substantive Equality for Women and Children (English or French)
Issue No. 6. – COVID-19, the Shadow Pandemic, and Access to Justice for Survivors of Domestic Violence Webinar – Please share your feedback with us on this research brief
Issue No. 7. – Trauma-Informed Approaches to Family Violence in Family Law
Issue No. 8. – Engaging Fathers Who Commit Family Violence: Issues and Challenges for Family Courts
Issue No. 9 – Implementing Children’s Participation Rights in All Family Court Proceedings
Issue No. 10 – Contributing to the Health and Safety of Family Violence Survivors: Reducing the Risks of Secondary Victimization
Issue No. 11 – Supporting Survivors through Court Reform: Assessing the Role of Integrated and Specialized Courts for Family Law in British
Issue No. 12 – Survivors’ Views of Family Courts: Findings from the Canadian Domestic Homicide Prevention Initiative with Vulnerable Populations (CDHPIVP)
Issue No. 13 – Family Law Mediation in Family Violence Cases: Basics & Best Practices
Issue No.14 – Tech-Facilitated Violence: An Introduction (English or French)
Issue No.16 – The Co-Occurrence of Parental Alienation Claims and Intimate Partner Violence in Family Court:Theory and Practice (English or French)
Issue No.17 – Addressing Poverty & Family Violence in Family Law Proceedings
Issue No.18 – Ethical Obligations of Family Law Practitioners
Issue No.19 – Gender-Based Violence and Access to Justice for International Students at Canadian Post-Secondary Institutions (English or French) )
Issue No.20 – Responding to Family Violence in Family Court- Challenges & Recommendations
Issue No.21 – Fathering and Fathers’ Rights Groups – The Canadian landscape
Issue No.22 – How communities of practice support and promote change
Issue No.23 – Family violence: clinical collaboration and community of practice
Issue No.24 – Treating Children as Full Rights Bearers: Independent Legal Representation for Children in Family Violence and/or Resist-Refuse Contact Cases
Issue No.25 – Failure to Protect: Social & Institutional Factors That Prevent Access to Justice in Family Violence/Family Law Cases
Issue No.26 – Traumatic Brain Injury and Intimate Partner Violence: Challenges for Survivors Involved in the Family Court System
Community of Practice Webinars:
Changing Professional Obligations for Family Law Lawyers Under the New Provisions of the Divorce Act (July 20, 2023)
Presenters: Shelley Hounsell-Gray & Dr. IIana Dodie Luther
Family Law, Family Violence and Restorative Justice (June 28, 2023)
Hosted by: RESOLVE
Presenters: Lisa Teryl & Tod Augusta Scott
In a country plagued by rising instances of family violence and contentious divorces, Lisa Teryl, a seasoned senior lawyer, and Tod Augusta Scott, a renowned advocate in family violence and trauma, have come together to introduce an innovative approach to family law. Their brainchild, Divorce Legal Communication Services, aims to put an end to abuse, foster collaboration, and streamline the divorce process through adopting a restorative approach.
- Download Lisa Teryl & Tod Augusta Scott’s Presentation Slides
- Download RESOLVE Presentation Slides
- Watch the Recording
Family Law and Domestic Violence: the Ethical Obligations of Judicial Actors (April 26, 2023)
Hosted by: RAIV
Presenter: Daphnée B. Ménard
Traumatic Brain Injury and Intimate Partner Violence: Challenges for Survivors Involved in the Family Court System (April 3, 2023)
Hosted by: RESOLVE
Presenters: Dr. Michael Ellis & Ashley Stewart
Survivors of intimate partner violence (IPV) commonly sustain physical injuries to the head, neck, and face. As a result of increased trauma to these areas, survivors are at a greater risk of experiencing brain injuries; specifically traumatic brain injury (TBI), which is caused by external force to the head, neck, or face, and hypoxic-ischemic brain injury (HIBI), which is caused by non-fatal strangulation. These injuries cause damage to the brain and disrupt its normal functioning, resulting in a range of physical, emotional, and cognitive difficulties. Because of these difficulties, survivors impacted by brain injuries can face challenges when accessing, navigating, and participating in the family court system. For instance, survivors suffering from unrecognized or undiagnosed brain injuries can exhibit behaviors in family court that undermine their credibility. If a brain injury is known, it can also be weaponized against survivors during custody and access proceedings to paint them as an unfit parent. This webinar focused on the intersection of IPV and brain injury, and the subsequent challenges these injuries present for survivors in the family court system including issues surrounding participation in the court process, establishing causal evidence of IPV-related brain injury, and the absence of trauma-informed legal practices.
- Download Dr. Michael Ellis & Ashley Stewart’s Presentation Slides
- Download RESOLVE Presentation Slides
- Watch the Recording
Substance Use Coercion and IPV Survivors in Family Court (February 8, 2023)
Hosted by: RESOLVE
Presenters: Dr. Carole Warshaw, Breena Murray, & Colleen Allan
Many survivors of intimate partner violence (IPV) experience substance use coercion, which occurs when abusers attempt to control survivors through tactics related to substance use. Common tactics include forcing survivors to use substances, preventing survivors from accessing treatment programs, and purposefully sabotaging the recovery process. This webinar provides an overview on the issue of substance use coercion and its impact on survivors of IPV. It also discusses the intersection of substance use coercion and the family court system for survivors of IPV, including the prevalence of the issue amongst litigants in both the Canadian and American family court systems, how family court personnel can best address the issue, and promising practices for supporting survivors impacted by the issue in the family court system.
- Download Dr. Carole Warshaw’s Presentation Slides
- Download RESOLVE Presentation Slides
- Watch the Webinar Recording
Gender-based Violence in Rural and Remote Settings in Ontario and British Columbia: Experiences, Challenges and Services Available for Women (January 23, 2023)
Presenters: Dr. Danielle Bader & Dr. Jacqueline Holler
This webinar explores gender-based violence in rural and remote settings in Ontario and British Columbia.
The Journey Project: Providing Trauma-Informed Legal Support to Survivors with Emma Duke (November 30, 2022)
Presenter: Emma Duke
Recognizing Litigation Abuse as a Form of Family Violence: Understanding the Concept and the Potential Harm (September 28, 2022)
Presenters: Dr. Ellen R. Gutowski, Justice Sirivar, Dr. Nicholas (Nick) Bala, Jared Hydamaka
Litigation abuse often extends the coercive and controlling behaviour used during the relationship into the family court process. Using litigation tactics, such as making or threatening to make meritless claims; introducing false or irrelevant evidence; and causing unnecessary delays in the court proceedings, the abuser causes significant psychological and financial harm to the targeted parent and to their children.
This webinar explores common litigation abuse tactics and their consequences to survivors and their children.
Fleeing Family Violence: Challenges for Survivors Living in Rural, Remote & First Nation Communities September 14, 2022
Presenters: Christa Matthews, Dr. Mayme Lefurgey, Dr. Cathy Holtmann & Dr. Angela Wisniewski
The Assessment of the Risk of Spousal Homicide March 28, 2022
Presenters: Christine Drouin
Assessing the risk of homicide is the first step in preventing spousal homicide. The tool entitled Conjugal Homicide Risk Assessment, developed with the Association à coeur d’homme, analyzes the risk of a situation based on three components, namely the identification of risk factors, precipitating events, and protective factors. By collecting the information gathered on these three elements, a complete picture of the person’s situation with respect to the risk of homicide can be drawn. Another key component in the risk analysis is the presence of a homicide scenario. This approach allows for better planning of the intervention strategies required to manage the risk as well as the follow-up that will be offered to the person, and thus ensure the safety of the victim.
- Download the Presentation Slides in English
- Download the Presentation Slides in French
- Watch the Webinar Recording
The Nexus of Poverty and Domestic Violence in Family Law March 16, 2022
Presenters: Madame Justice Boudreau-Dumas, Chantal Landry & Lindsay Manuel
The Co-Occurrence of Parental Alienation Claims & Intimate Partner Violence March 15, 2022
Hosted by: RESOLVE
Presenters: Dr. Peter Jaffe, Justice Mirwaldt, and Robynne Kazina
The past decade has seen an unprecedented increase in parenting disputes in family court. On one hand, there is a growing recognition of family violence as a gender-based crime and a legislated factor for judges to consider in parenting decisions. On the other hand, the concept of alienation has been increasingly misused to blame protective parents and their children’s resistance or reluctance to have parenting time with perpetrators of family violence. Some of these cases represent litigation abuse as an extension of coercive control in the intimate partner relationship. The presentation will outline the controversaries in the field and the inappropriate use of alienation. The multiple factors that may lie behind a child refusing or resisting parenting will be discussed as well as the dilemmas for the family justice system to find differentiated parenting plans in these cases.
Justice Mirwaldt will discuss the many reforms that the Court of Queen’s Bench has made in the past three years to address systemic court delays that had created a barrier to justice for Manitoba families. Under the new court rules family violence is addressed at the outset of a family case through a system of robust triage conferencing and case management. Timely and meaningful interactions with a family court judge under a one-judge model has led to early resolution of the majority of the court’s cases, even those involving allegations of parental alienation and family violence.
- Download Parental Alienation Resources
- Download RESOLVE’s Presentation Slides
- Download Dr. Peter Jaffe’s Presentation Slides
- Download Justice Mirwaldt Presentation Slides
- Download Robynne Kazina Presentation Slides
Intersecting Inequities in Family Court: A Trauma-Informed Critique January 2022
Presenters: Archana Medhekar, Archana Medhekar Law, Ontario, Kamaljit Kaur Lehal, Lehal Law, British Columbia, & Jael Duarte, LA Henry Law, New Brunswick
Canada’s family courts are confronted with cases involving complex cultural contexts and challenging family dynamics. The family justice system often enters the realm of resolving Canada’s multicultural puzzle and is tasked with making decisions regarding complex overlapping issues and facts within a legislative framework. This webinar will examine the relationship between the competing interests within the family court system as there continues to be the need for systemic change of the family dispute resolution system that designs justice for sustainable family conflict resolution.
Implementing Children’s Rights in All Family Court Cases November 25, 2021
Presenters: The Honourable Donna J. Martinson, Justice of the Supreme Court of British Columbia, Retired, The Honourable Judge Rose Raven, Senior judge of the BC Provincial Court, Phyllis Kenney, Q.C., Lauren Irvine, & Dr. Margaret Jackson, Professor Emerita and Director of the FREDA Centre at SFU
The UN Committee on the Rights of the Child states that the “right of all children [under 18] to be heard and taken seriously constitutes one of the fundamental values of the UN Convention on the Rights of the Child”. Obtaining children’s views and preferences in court processes is now common in many cases, but the right to do so can be marginalized for children in family violence and or parental alienation cases. In addition, more attention has been paid to hearing children’s voices generally, than it has to ensuring that those views are taken seriously and given due weight in accordance with the children’s ages and maturity. This webinar will consider the issue of how children’s rights in all family law court proceedings can be implemented effectively, with the involvement of independent legal representation for children, using the Eight Child Rights Safeguards/Guarantees which the UN Committee on the Rights of the Child states are necessary to do so.
Tech-Facilitated Violence: An Introduction November 24, 2021
Hosted by: RESOLVE
Presenters: Jane Bailey of the University of Ottawa, Faculty of Law, and Suzie Dunn of Dalhousie University’s Schulich School of Law
Technology is increasingly used by abusers to perpetrate violence, whether through unsecured devices or by making online spaces unsafe. This may come in the form of online stalking, the non-consensual distribution of intimate images, doxing, or threats, just to name a few. Technology-facilitated violence (TFV) can happen in the context of romantic relationships, but is also perpetrated by strangers or online trolls. But what do we mean by doxing and what is an online troll?
This presentation provides information on what “technology-facilitated violence” is and helps explain some of the terminology used to describe this kind of violence. Professors Jane Bailey of the University of Ottawa, Faculty of Law, and Suzie Dunn of Dalhousie University’s Schulich School of Law discuss the various types of TFV, why it is a growing societal problem, and provide helpful resources and safety tips. They also talk about social media companies’ role in TFV and how ending TFV involves a wide variety of responses from individuals, social media companies and governments.
Self-Represented Litigants and Family Violence: Making a Difficult Experience Even Worse June 15, 2021
Presenters: Julie Macfarlane, The Honourable Mary Jo Nolan, The Honourable Lynda C. Templeton, Malcolm Bennett, and Julie Lee
Family court is filled with self-represented litigants – up to 50% across Canada and closer to 80% in urban centres. Those SRLs include individuals asking for restraining orders (there is no disaggregated data in Ontario) as well as those experiencing family violence seeking custody, access, child support etc. US research (Kercin, 2015) shows that the outcomes for this second group are significantly worse for those without representation, which matches NSRLP data on systemically less favourable outcomes for SRLs than represented litigants. While Canadian data suggests similar levels of self-representation among men and women, NSRLP suggests that the way that courts treat women is often markedly different and subject to judicial stereotypes (NSRLP, 2018). We also see some examples of process abuse by controlling male partners (for example, continual reopening of child support and access) which suggests a possible relationship with family violence.
The many difficulties of self-representation (including stereotyping and stigmatizing by lawyers and judges) are further exacerbated by the personal experiences of those living with family violence, who often feel further traumatized by their court experience. The level of understanding among members of the Bench of the systemic issues facing those living with family violence and/or in an ongoing controlling relationship appears to remain low. Recent Australian research on family violence and self-represented litigants (Mangman et al 2020) makes a number of recommendations for further assistance for and protection of SRLs experiencing intimate partner violence including a ban on cross-exam by an alleged perpetrator of a victim (in Canada this only applies to those under 18), enhanced court safety measures, and further calls for enhanced training for judges and lawyers.
Finally, even with legal representation there are innumerable issues for the survivors of family violence in undertaking both civil and criminal proceedings and the trauma that is raised. “Going Public: A Survivors Journey from Grioef to Acyion” (Macfarlane, 2020) sets out a series of recommendations for addressing the worst of these systemic problems inside the legal system.
The Pandemic and Family Justice: Unequal Outcomes and Lack of Access to Justice April 29, 2021
Presenters: Claire Houston, Rachel Birnbaum and Nicholas Bala
This webinar shared developing knowledge from a research project examining the reduction in access to Ontario’s family justice system due to the COVID-19 pandemic. Findings from a survey of over 100 family justice professionals in Ontario highlight how the pandemic has affected families involved in the system. Certain groups including high conflict families, self-representing litigants, victims of intimate partner violence, children experiencing abuse and neglect, and families involved in the child welfare system have been disproportionately impacted by the reduction in family court access and related services since the onset of the pandemic. Innovative responses by family court and family justice professionals were discussed, along with recommendations for how these practices can be modified or adopted to better serve families involved in the family justice system.
Healing Trauma: Gender, Trauma, and Paths of Healing in Family Law Disputes March 31, 2021
Presenters: Jenn Gorham, and Leland Maerz
Many family law lawyers have clients suffering from trauma due to domestic violence. The family court system often has expectations of witnesses that adversely affects not only the credibility of the trauma victim, but also their overall well-being during trial.
- Watch the Webinar Recording
The Impact of COVID-19 on Ontario’s Court Related Services for Survivors of Family Violence March 9, 2021
Presenters: Amanda Bruyns, Tim Kelly, Julie Lee, Janet Mosher, and AnnaLise Trudell
This webinar reviewed the impact of the pandemic in Ontario on survivors of family violence with a focus on access to specialized services. The presenters discussed the increase in violence and vulnerability of survivors as well as the challenges in accessing needed services. The pandemic has created significant barriers as well as some innovative service approaches. In particular, the webinar addressed services that often required as a part of family court proceedings such as supervised access, batterer intervention and parenting programs (PAR and Caring Dads), legal advice, counselling, and housing.
COVID-19, the Shadow Pandemic, and Access to Justice for Survivors of Domestic Violence March 6, 2021
Hosted by: RESOLVE Manitoba
Presenters: Jennifer Koshan, Janet Mosher, Wanda Wiegers, Paula Ediger, and Zahra Hosseini
In this past webinar presenters, Jennifer Koshan, Janet Mosher, and Wanda Wiegers shared their research providing a preliminary assessment of the extent to which Canada’s early responses to the COVID-19 pandemic prioritized the safety of women and children. Following Jennifer Koshan, Janet Mosher, and Wanda Wiegers presentation, Paula Ediger and Zahra Hosseini discussed the risks and safety concerns that came with COVID-19 protocols and what families had been experiencing during the COVID-19 pandemic.
- Watch the Webinar Recording
- Download the Presentation 1 Slides (Available in English & French)
- Download the Presentation 2 Slides (Available in English & French)
Why Can’t Everyone Just Get Along? How BC’s Family Law System Puts Survivors in Danger March 4, 2021
Presenter: Haley Hrymak | Moderator: Margaret Jackson
The focus of this webinar was on Rise’s research results regarding the impacts the family court system had on survivors, particularly to their health. Further, this webinar focused on the recommendations on how we can improve the court system in BC, starting with mandatory family violence training for lawyers, judges and police, and the creation of a specialized family court designed to address the needs of people attending court with a family law matter, most importantly their own safety and well-being.
Bridging the Gap Between the Needs of Survivors of Family Violence and the Realities of Family Court, December 15, 2021
Presenters: Pamela Cross and Dr. Linda Baker
This webinar addressed the challenges survivors of family violence face when seeking safety and support in the family court, barriers survivors face due to the nature of trauma they have suffered and the many demands of the adversarial system from a legal and psychological perspective, how court-related professionals and the system can become trauma informed and promising practices.