Respecting and Protecting Transgender and Gender-Nonconforming Children in Family Courts
In: Claire Houston, "Respecting and Protecting Transgender and Gender-Nonconforming Children in Family Courts" (2020) 33:1 Can J Fam L 103
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In: Claire Houston, "Respecting and Protecting Transgender and Gender-Nonconforming Children in Family Courts" (2020) 33:1 Can J Fam L 103
SSRN
In: 39 Women's Rts. L. Rep. 85 (2018)
SSRN
In: Queen's University Legal Research Paper No. 083
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Working paper
In: Queen's University Legal Research Paper No. 084
SSRN
Working paper
In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 55, Heft 3, S. 362-374
ISSN: 1744-1617
Child protection services (CPS) are increasingly becoming involved in high‐conflict separations and the related custody and access proceedings. CPS involvement is often necessary to respond to abuse or neglect allegations or protect children from emotional harm. However, these crossover cases are very challenging for family justice professionals. This article reports on research on crossover cases in Ontario, including an analysis of reported court decisions, a survey of CPS staff, and interviews with family justice professionals. We suggest clearer CPS policies; improved understanding of respective professional roles; CPS summary reports for family courts; increased interagency coordination, communication, and training; and use of judicial case management.
In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 60, Heft 2, S. 241-258
ISSN: 1744-1617
AbstractThe COVID‐19 pandemic has profoundly affected families and children involved in Ontario's family justice system as well as family justice professionals in the province. In a span of two years, Ontario's family justice system has been fundamentally transformed, from a paper‐based, in‐person system to a paperless system in which many services, including judicial proceedings, continue to be largely delivered remotely. We report on the findings of two studies on the impact of the COVID‐19 pandemic on Ontario family justice: (1) an analysis of early pandemic court decisions; and (2) a survey of family justice professionals about their experiences during the early pandemic. We describe how the pandemic has exacerbated access to justice issues for certain groups, including families experiencing high conflict, victims of intimate partner violence, families involved in child welfare proceedings, and self‐represented litigants, while improving access to justice for others by improving efficiency and reducing legal costs. As Ontario moves past the pandemic, the family justice system will need to ensure that technological advances improve access to justice for all court‐involved families.