The Child-centred Family Justice Strategy:
Survey on the Practice of Family Law in Canada 2004-2006

APPENDIX C: SUPPORTING TABLES

LIST OF TABLES

Table C1:
Respondents' Continuing Education or Training on Family Law Issues in the Past Five Years, 2006 and 2004
Table C2:
Characteristics of Respondents' Family Law Cases in the Past Year, 2006 and 2004
Table C3:
Proportion of Respondents' Cases in the Past Year Resolved by Various Methods, 2006 and 2004
Table C4:
Respondents' Reports as to Which Issues in Divorce and Variation Cases are Most Likely to Require a Trial and Judicial Decision to be Resolved, 2006 and 2004
Table C5:
Respondents' Perceptions of How Well Informed Their Clients are at the Outset of Their Case, 2006 and 2004
Table C6:
Respondents' Reports of How Often They Inform Clients About or Refer Clients to Various Family Justice Services, 2006 and 2004
Table C7:
Extent to Which Respondents Agree that Unified Family Courts Accomplish Specific Objectives, 2006 and 2004
Table C8:
Respondents' Perceptions of Whether Parenting Arrangements Made Through Specific Processes are Consistent with the Best Interests of the Child, 2006 and 2004
Table C9:
Respondents' Perceptions of How Often Parents Share Decision Making in Specific Areas, 2006 and 2004
Table C10:
Respondents' Perceptions of What the Circumstances are When Parents do not Comply with their Custody/Access Orders and How Frequently it Occurs, 2006 and 2004
Table C11:
Proportion of Respondents Recommending Supervised Access or Exchange Under Various Circumstances, 2006 and 2004
Table C12:
Respondents' Perceptions of How Often Specific Reasons are Given in Cases Where Parental Relocation is an Issue, 2006 and 2004
Table C13:
Respondents' Perceptions of What the Circumstances are in Cases Where Parental Relocation is an Issue and How Frequently it Occurs, 2006 and 2004
Table C14:
Respondents' Opinions Regarding Objectives of the Federal Child Support Guidelines, 2006 and 2004
Table C15:
Proportion of Cases using the Spousal Support Advisory Guidelines (SSAG) in Various Situations, 2006
Table C16:
Respondents' Perceptions of What the Circumstances are in Cases Where Spousal Support is an Issue and How Frequently it Occurs, 2006 and 2004
Table C17:
Respondents' Reports on How the Court Addressed the Issue in Cases Involving Spousal Violence and How Frequently it Occurred, 2006 and 2004
Table C18:
Respondents' Reports on How the Court Addressed the Issue in Cases Involving Child Abuse and How Frequently it Occurred, 2006 and 2004

Table C1: Respondents' Continuing Education or Training on Family Law Issues in the Past Five Years, 2006 and 2004

Family Law Issue 2006 2004
n % n %
Dispute resolution (e.g., mediation) 91 55.5 58 49.6
Family violence 55 33.5 38 32.5
Custody/access 124 75.6 83 70.9
Spousal support 138 84.1 84 71.8
Collaborative family law 83 50.6 67 57.3
Child support guidelines 123 75.0 93 79.5
Property division 119 72.6 79 67.5
Other* 42 25.6 25 21.4

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.
* Other includes a variety of family law issues such as: pensions, child protection, interest-based negotiation, child representation, taxation/business valuation, and case management.

Table C2: Characteristics of Respondents' Family Law Cases in the Past Year, 2006 and 2004

2006
Characteristic Mean Range n
Number of family law cases in past year 77.7 0 — 300 138
Proportion of family law cases involving children 74.5 5 — 100 144
Proportion of family law cases funded by legal aid 18.2 0 — 100 130
Proportion of family law cases with children involved that are variations of previous orders/agreements 26.2 0 — 80 142

2004
Characteristic Mean Range n
Number of family law cases in past year 92.6 10 — 400 97
Proportion of family law cases involving children 74.1 9 — 100 108
Proportion of family law cases funded by legal aid 25.3 0 — 100 92
Proportion of family law cases with children involved that are variations of previous orders/agreements 28.1 0 — 100 106

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).

Table C3: Proportion of Respondents' Cases in the Past Year Resolved by Various Methods, 2006 and 2004

2006
Resolution Method Mean Range n
Settled by parents 17.1 0 — 70 108
Settled by mediation 12.9 0 — 80 102
Settled by negotiation before trial 42.7 5 — 100 133
Settled by settlement conference 20.5 0 — 80 117
Resolved by collaborative family law 9.1 0 — 75 83
Decided by a judge after a hearing or trial 13.1 0 — 60 127

2004
Resolution Method Mean Range n
Settled by parents 13.4 0 — 75 83
Settled by mediation 10.9 0 — 60 69
Settled by negotiation before trial 48.4 1 — 95 99
Settled by settlement conference 24.3 0 — 95 81
Resolved by collaborative family law 8.5 0 — 80 54
Decided by a judge after a hearing or trial 14.1 0 — 100 96

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).

Table C4: Respondents' Reports as to Which Issues in Divorce and Variation Cases are Most Likely to Require a Trial and Judicial Decision to be Resolved, 2006 and 2004

2006
Issue In a Divorce Case In a Variation Case
n % n %
Child Support 9 5.5 32 19.5
Custody 85 51.8 56 34.1
Access 55 33.5 47 28.7
Spousal support 113 68.9 82 50.0
Property division 58 35.4 -- --
Child support arrears 34 20.7 44 26.8
Spousal support arrears 44 26.8 40 24.4
Undue hardship -- -- 23 14.0
Parental relocation (mobility) -- -- 106 64.6

2004
Issue In a Divorce Case In a Variation Case
n % n %
Child Support 14 12.0 22 18.8
Custody 63 53.8 33 28.2
Access 40 34.2 36 30.8
Spousal support 87 74.4 70 59.8
Property division 52 44.4 -- --
Child support arrears 28 23.9 41 35.0
Spousal support arrears 22 18.8 33 28.2
Undue hardship -- -- 22 18.8
Parental relocation (mobility) -- -- 75 64.1

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C5: Respondents' Perceptions of How Well Informed Their Clients are at the Outset of Their Case, 2006 and 2004

2006
Service/Issue Very Well
Informed
Somewhat
Informed
Not at All
Informed
They are Misinformed N/A Missing
n % n % n % n % n % n %
Marriage or relationship
counselling
29 19.0 96 62.7 19 12.4 2 1.3 1 0.7 6 3.9
Individual counselling 25 16.3 105 68.6 15 9.8 2 1.3 1 0.7 5 3.3
Mediation services 12 7.8 79 51.6 52 34.0 3 2.0 2 1.3 5 3.3
Child assessment services 6 3.9 20 13.1 107 69.9 9 5.9 3 2.0 8 5.2
Collaborative family law 5 3.3 44 28.8 91 59.5 4 2.6 2 1.3 7 4.6
Parenting education
programs
10 6.5 49 32.0 84 54.9 2 1.3 2 1.3 6 3.9
Parenting plans (written
document jointly
developed by parents)
3 2.0 32 20.9 96 62.7 12 7.8 2 1.3 8 5.2
Psychological effects of
divorce on children
2 1.3 64 41.8 56 36.6 24 15.7 2 1.3 5 3.3
Domestic violence
services
9 5.9 72 47.1 57 37.3 2 1.3 7 4.6 6 3.9
Supervised access 2 1.3 49 32.0 72 47.1 22 14.4 2 1.3 6 3.9
Supervised exchange 2 1.3 31 20.3 92 60.1 14 9.2 5 3.3 9 5.9
Child support issues 20 13.1 107 69.9 11 7.2 10 6.5 1 0.7 4 2.6
Family Law Information
Centres
5 3.3 31 20.3 91 59.5 3 2.0 17 11.1 6 3.9
Maintenance
enforcement programs
15 9.8 82 53.6 40 26.1 10 6.5 2 1.3 4 2.6
Financial assistance
services
6 3.9 51 33.3 77 50.3 4 2.6 8 5.2 7 4.6
Legal Aid services/duty
counsel
16 10.5 72 47.1 44 28.8 7 4.6 7 4.6 6 3.9
Spousal support issues 5 3.3 60 39.2 50 32.7 29 19.0 1 0.7 8 5.2
Variation or
recalculation services
9 5.9 29 19.0 87 56.9 6 3.9 14 9.2 8 5.2

2004
Service/Issue Very Well
Informed
Somewhat
Informed
Not at All
Informed
They are Misinformed N/A Missing
n % n % n % n % n % n %
Marriage or relationship
counselling
12 10.9 76 69.1 14 12.7 4 3.6 0 0.0 4 3.6
Individual counselling 13 11.8 74 67.3 15 13.6 3 2.7 0 0.0 5 4.5
Mediation services 7 6.4 48 43.6 42 38.2 8 7.3 1 0.9 4 3.6
Child assessment services 3 2.7 19 17.3 72 65.5 9 8.2 2 1.8 5 4.5
Collaborative family law 1 0.9 20 18.2 77 70.0 5 4.5 1 0.9 6 5.5
Parenting education
programs
4 3.6 33 30.0 62 56.4 4 3.6 3 2.7 4 3.6
Parenting plans (written
document jointly
developed by parents)
3 2.7 20 18.2 69 62.7 11 10.0 2 1.8 5 4.5
Psychological effects of
divorce on children
3 2.7 40 36.4 48 43.6 14 12.7 0 0.0 5 4.5
Domestic violence
services
5 4.5 59 53.6 31 28.2 6 5.5 4 3.6 5 4.5
Supervised access 3 2.7 31 28.2 55 50.0 15 13.6 1 0.9 5 4.5
Supervised exchange 3 2.7 20 18.2 68 61.8 12 10.9 1 0.9 6 5.5
Child support issues 12 10.9 81 73.6 8 7.3 5 4.5 0 0.0 4 3.6
Family Law Information
Centres
1 0.9 22 20.0 64 58.2 2 1.8 16 14.5 5 4.5
Maintenance
enforcement programs
10 9.1 62 56.4 25 22.7 8 7.3 1 0.9 4 3.6
Financial assistance
services
5 4.5 45 40.9 40 36.4 4 3.6 9 8.2 7 6.4
Legal Aid services/duty
counsel
9 8.2 61 55.5 23 20.9 4 3.6 7 6.4 6 5.5
Spousal support issues 6 5.5 55 50.0 28 25.5 17 15.5 0 0.0 4 3.6
Variation or recalculation services 3 2.7 34 30.9 54 49.1 4 3.6 10 9.1 5 4.5

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).

Table C6: Respondents' Reports of How Often They Inform Clients About or Refer Clients to Various Family Justice Services, 2006 and 2004

2006
Family Justice Service Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Marriage or relationship
Counselling
17 11.1 43 28.1 44 28.8 39 25.5 10 6.5
Individual counselling 7 4.6 38 24.8 68 44.4 32 20.9 8 5.2
Mediation services 14 9.2 35 22.9 54 35.3 41 26.8 9 5.9
Child assessment services 27 17.6 76 49.7 33 21.6 7 4.6 10 6.5
Collaborative family law 52 34.0 34 22.2 28 18.3 30 19.6 9 5.9
Parenting plans 31 20.3 38 24.8 50 32.7 25 16.3 9 5.9
Parenting education programs 15 9.8 40 26.1 41 26.8 50 32.7 7 4.6
Domestic violence services 42 27.5 74 48.4 25 16.3 4 2.6 8 5.2
Supervised access 55 35.9 79 51.6 9 5.9 1 0.7 9 5.9
Supervised exchange 71 46.4 64 41.8 7 4.6 1 0.7 10 6.5
Maintenance enforcement
programs
6 3.9 23 15.0 59 38.6 58 37.9 7 4.6
Financial assistance services 50 32.7 60 39.2 26 17.0 8 5.2 9 5.9
Legal Aid services/duty counsel 52 34.0 50 32.7 25 16.3 18 11.8 8 5.2
Variation or recalculation services 67 43.8 33 21.6 22 14.4 9 5.9 22 14.4

2004
Family Justice Service Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Marriage or relationship
counselling
11 10.0 39 35.5 23 20.9 33 30.0 4 3.6
Individual counselling 6 5.5 29 26.4 46 41.8 26 23.6 3 2.7
Mediation services 10 9.1 34 30.9 32 29.1 30 27.3 4 3.6
Child assessment services 17 15.5 50 45.5 29 26.4 9 8.2 5 4.5
Collaborative family law 41 37.3 18 16.4 13 11.8 32 29.1 6 5.5
Parenting plans 14 12.7 26 23.6 31 28.2 30 27.3 9 8.2
Parenting education programs 12 10.9 28 25.5 23 20.9 42 38.2 5 4.5
Domestic violence services 25 22.7 53 48.2 21 19.1 7 6.4 4 3.6
Supervised access 33 30.0 54 49.1 10 9.1 9 8.2 4 3.6
Supervised exchange 45 40.9 44 40.0 8 7.3 8 7.3 5 4.5
Maintenance enforcement
programs
6 5.5 15 13.6 36 32.7 50 45.5 3 2.7
Financial assistance services 41 37.3 35 31.8 16 14.5 11 10.0 7 6.4
Legal Aid services/duty counsel 29 26.4 36 32.7 19 17.3 21 19.1 5 4.5
Variation or recalculation services 44 40.0 30 27.3 14 12.7 11 10.0 11 10.0

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).

Table C7 Extent to Which Respondents Agree that Unified Family Courts Accomplish Specific Objectives, 2006 and 2004

2006
Objective Strongly
Agree
Agree Disagree Strongly
Disagree
Missing
n % n % n % n % n %
Simplify procedures 27 16.5 51 31.1 30 18.3 14 8.5 42 25.6
Provide easy access to various family justice services 28 17.1 59 36.0 24 14.6 10 6.1 43 26.2
Provide timely resolution to family law matters 19 11.6 44 26.8 38 23.2 19 11.6 44 26.8
Produce outcomes tailored to individual needs 19 11.6 55 33.5 32 19.5 11 6.7 47 28.7

2004
Objective Strongly
Agree
Agree Disagree Strongly
Disagree
Missing
n % n % n % n % n %
Simplify procedures 27 23.1 40 34.2 20 17.1 7 6.0 23 19.7
Provide easy access to various family justice services 24 20.5 40 34.2 19 16.2 8 6.8 26 22.2
Provide timely resolution to family law matters 20 17.1 33 28.2 28 23.9 13 11.1 23 19.7
Produce outcomes tailored to individual needs 18 15.4 44 37.6 24 20.5 8 6.8 23 19.7

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C8: Respondents' Perceptions of Whether Parenting Arrangements Made Through Specific Processes are Consistent with the Best Interests of the Child, 2006 and 2004

2006
Process Yes No Missing
n % n % n %
Arrangements made by parents themselves 133 81.1 20 12.2 11 6.7
Arrangements made as a result of mediation 134 81.7 13 7.9 17 10.4
Arrangements negotiated by lawyers (on their own or after judicial conference) 135 82.3 15 9.1 14 8.5
Arrangements that are a result of collaborative family law 98 59.8 8 4.9 58 35.4
Arrangements made by a judge after a trial or hearing 99 60.4 43 26.2 22 13.4

2004
Process Yes No Missing
n % n % n %
Arrangements made by parents themselves 86 73.5 19 16.2 12 10.3
Arrangements made as a result of mediation 98 83.8 7 6.0 12 10.3
Arrangements negotiated by lawyers (on their
own or after judicial conference)
93 79.5 14 12.0 10 8.5
Arrangements that are a result of collaborative family law 77 65.8 3 2.6 37 31.6
Arrangements made by a judge after a trial or hearing 60 51.3 45 38.5 12 10.3

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C9: Respondents' Perceptions of How Often Parents Share Decision Making in Specific Areas, 2006 and 2004

2006
Decision-making Area Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Health 12 7.3 55 33.5 68 41.5 21 12.8 8 4.9
Education 7 4.3 53 32.3 79 48.2 18 11.0 7 4.3
Religion 33 20.1 59 36.0 49 29.9 15 9.1 8 4.9
Culture 32 19.5 63 38.4 47 28.7 11 6.7 11 6.7

2004
Decision-making Area Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Health 9 7.7 32 27.4 50 42.7 21 17.9 5 4.3
Education 7 6.0 37 31.6 52 44.4 16 13.7 5 4.3
Religion 22 18.8 37 31.6 37 31.6 12 10.3 9 7.7
Culture 21 17.9 36 30.8 37 31.6 10 8.5 13 11.1

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C10: Respondents' Perceptions of What the Circumstances are When Parents do not Comply with their Custody/Access Orders and How Frequently it Occurs, 2006 and 2004

2006
Circumstance Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Access parent does not exercise access 31 18.9 84 51.2 41 25.0 1 0.6 7 4.3
Access parent is late returning child 11 6.7 94 57.3 49 29.9 3 1.8 7 4.3
Custodial parent refuses access for no valid cause 33 20.1 90 54.9 30 18.3 4 2.4 7 4.3
Custodial parent refuses access for cause (e.g., access parent intoxicated) 35 21.3 92 56.1 30 18.3 0 0.0 7 4.3
Child refuses visit with access parent 15 9.1 106 64.6 36 22.0 1 0.6 6 3.7
Frequent changes in schedule 29 17.7 75 45.7 47 28.7 0 0.0 13 7.9
Family violence concerns 83 50.6 63 38.4 9 5.5 1 0.6 8 4.9

2004
Circumstance Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Access parent does not exercise access 17 14.5 58 49.6 38 32.5 0 0.0 4 3.4
Access parent is late returning child 16 13.7 45 38.5 48 41.0 3 2.6 5 4.3
Custodial parent refuses access for no valid cause 15 12.8 60 51.3 34 29.1 2 1.7 6 5.1
Custodial parent refuses access for cause (e.g., access parent intoxicated) 25 21.4 72 61.5 14 12.0 1 0.9 5 4.3
Child refuses visit with access parent 23 19.7 68 58.1 22 18.8 0 0.0 4 3.4
Frequent changes in schedule 27 23.1 53 45.3 30 25.6 2 1.7 5 4.3
Family violence concerns 57 48.7 41 35.0 12 10.3 3 2.6 4 3.4

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C11: Proportion of Respondents Recommending Supervised Access or Exchange Under Various Circumstances, 2006 and 2004

Circumstance 2006 2004
Supervised
Access
Supervised
Exchange
Supervised
Access
Supervised
Exchange
n % n % n % n %
In high conflict situations 36 23.5 105 68.6 29 26.4 85 77.3
In situations of spousal violence 57 37.3 96 62.7 43 39.1 76 69.1
In situations where there are allegations of child abuse 130 85.0 36 23.5 94 85.5 34 30.9
In situations where there is substance abuse 113 73.9 55 35.9 88 80.0 37 33.6
In situations where there are mental health concerns 113 73.9 53 34.6 88 80.0 42 38.2
Not available in my jurisdiction 2 1.3 9 5.9 2 1.8 8 7.3
Other 10 6.5 3 2.0 10 9.1 4 3.6

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=153; 2004 Total N=110 (excludes judges).

Table C12: Respondents' Perceptions of How Often Specific Reasons are Given in Cases Where Parental Relocation is an Issue, 2006 and 2004

2006
Reason Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Employment opportunity 2 1.2 26 15.9 91 55.5 28 17.1 17 10.4
Educational opportunity 38 23.2 63 38.4 37 22.6 2 1.2 24 14.6
To be closer to family/friends 8 4.9 35 21.3 86 52.4 18 11.0 17 10.4
To be with new partner 7 4.3 25 15.2 95 57.9 18 11.0 19 11.6
No particular reason 84 51.2 15 9.1 6 3.7 0 0.0 59 36.0

2004
Reason Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Employment opportunity 7 6.0 23 19.7 57 48.7 21 17.9 9 7.7
Educational opportunity 25 21.4 43 36.8 23 19.7 1 0.9 25 21.4
To be closer to family/friends 2 1.7 28 23.9 60 51.3 13 11.1 14 12.0
To be with new partner 7 6.0 20 17.1 67 57.3 13 11.1 10 8.5
No particular reason 38 32.5 19 16.2 7 6.0 0 0.0 53 45.0

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C13: Respondents' Perceptions of What the Circumstances are in Cases Where Parental Relocation is an Issue and How Frequently it Occurs, 2006 and 2004

2006
Circumstance Rarely Occasionally Often Almost Always Missing
n % n % n % n % n %
Custodial parent wishes to move
within the city
88 53.7 37 22.6 18 11.0 0 0.0 21 12.8
Custodial parent wishes to move
within the province/territory
12 7.3 68 41.5 61 37.2 8 4.9 15 9.1
Custodial parent wishes to move
to a different province/territory
10 6.1 63 38.4 63 38.4 14 8.5 14 8.5
Custodial parent wishes to move
outside the country
98 59.8 34 20.7 10 6.1 7 4.3 15 9.1
Access parent wishes to move
within the city
115 70.1 12 7.3 15 9.1 0 0.0 22 13.4
Access parent wishes to move
within the province/territory
101 61.6 36 22.0 7 4.3 0 0.0 20 12.2
Access parent wishes to move
to a different province/territory
92 56.1 41 25.0 12 7.3 0 0.0 19 11.6
Access parent wishes to move
outside the country
127 77.4 15 9.1 2 1.2 1 0.6 19 11.6

2004
Circumstance Rarely Occasionally Often Almost Always Missing
n % n % n % n % n %
Custodial parent wishes to move
within the city
65 55.6 21 17.9 17 14.5 2 1.7 12 10.3
Custodial parent wishes to move
within the province/territory
8 6.8 52 44.4 42 35.9 7 6.0 8 6.8
Custodial parent wishes to move
to a different province/territory
7 6.0 44 37.6 42 35.9 16 13.7 8 6.8
Custodial parent wishes to move
outside the country
71 60.7 24 20.5 6 5.1 7 6.0 9 7.7
Access parent wishes to move
within the city
79 67.5 12 10.3 10 8.5 0 0.0 16 13.7
Access parent wishes to move
within the province/territory
54 46.2 32 27.4 16 13.7 0 0.0 15 12.8
Access parent wishes to move
to a different province/territory
56 47.9 34 29.1 10 8.5 1 0.9 16 13.7
Access parent wishes to move
outside the country
84 71.8 14 12.0 1 0.9 1 0.9 17 14.5

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C14: Respondents' Opinions Regarding Objectives of the Federal Child Support Guidelines, 2006 and 2004

2006
Objective Strongly
Agree
Agree Disagree Strongly
Disagree
Missing
n % n % n % n % n %
Overall, the Child Support Guidelines have resulted in a better system of determining child support than the pre-1997 system. 81 49.4 66 40.2 6 3.7 3 1.8 8 4.9
Cases are settled more quickly since the implementation of the Guidelines. 92 56.1 54 32.9 8 4.9 2 1.2 8 4.9
Since implementation of the Guidelines, most cases are resolved simply by relying on the Tables to establish amounts of support. 72 43.9 68 41.5 14 8.5 3 1.8 7 4.3
In cases involving litigation, the
issues to be resolved are more
defined and focussed than prior to implementation of the Guidelines.
64 39.0 77 47.0 11 6.7 4 2.4 8 4.9

2004
Objective Strongly
Agree
Agree Disagree Strongly
Disagree
Missing
n % n % n % n % n %
Overall, the Child Support Guidelines have resulted in a
better system of determining child support than the pre-1997 system.
46 39.3 62 53.0 6 5.1 2 1.7 1 0.9
Cases are settled more quickly
since the implementation of the Guidelines.
42 35.9 61 52.1 10 8.5 2 1.7 2 1.7
Since implementation of the Guidelines, most cases are resolved simply by relying on the Tables to establish amounts of
support.
42 35.9 58 49.6 11 9.4 5 4.3 1 0.9
In cases involving litigation, the
issues to be resolved are more
defined and focussed than prior to implementation of the Guidelines.
34 29.1 66 56.4 12 10.3 2 1.7 3 2.4

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C15: Proportion of Cases using the Spousal Support Advisory Guidelines (SSAG) in Various Situations, 2006

Situation Reference made to SSAG Resolution within SSAG Range
Mean Range n Mean Range n
Discussions with clients 83.9 0-100 104 58.5 0-100 69
Cases settled by negotiation 76.6 0-100 102 59.0 0-100 86
Cases settled by mediation 63.6 0-100 64 47.9 0-100 53
Interim motions 66.4 0-100 90 51.7 0-100 74
Cases settled by case conference 69.4 0-100 84 54.0 0-100 71
Cases resolved by judge after hearing 63.0 0-100 86 54.6 0-100 69

Sources of data: Survey on the Practice of Family Law in Canada, 2006.
2006 Total N=164.

Table C16: Respondents' Perceptions of What the Circumstances are in Cases Where Spousal Support is an Issue and How Frequently it Occurs, 2006 and 2004

2006
Circumstance Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Claimant spouse is a stay-at-home
parent
10 6.1 39 23.8 82 50.0 19 11.6 14 8.5
Claimant spouse was a stay-at-home
parent to children now grown and is
not in labour force
10 6.1 47 28.7 81 49.4 12 7.3 14 8.5
Couple had no children and
claimant spouse is not in labour force
77 47.0 56 34.1 12 7.3 3 1.8 16 9.8
Respondent's income is
considerably higher than claimant
spouse's income
3 1.8 16 9.8 89 54.3 40 24.4 16 9.8
Potential payor has income of
$75,000 or more
5 3.0 41 25.0 77 47.0 25 15.2 16 9.8
Trade off of property in lieu of
monetary spousal support
42 25.6 60 36.6 44 26.8 1 0.6 17 10.4

2004
Circumstance Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Claimant spouse is a stay-at-home
parent
0 0.0 34 29.1 66 56.4 12 10.3 5 4.3
Claimant spouse was a stay-at-home
parent to children now grown and is
not in labour force
5 4.3 34 29.1 65 55.6 8 6.8 5 4.3
Couple had no children and
claimant spouse is not in labour
force
51 43.6 51 43.6 8 6.8 2 1.7 5 4.3
Respondent's income is
considerably higher than claimant
spouse's income
2 1.7 18 15.4 67 57.3 26 22.2 4 3.4
Potential payor has income of
$75,000 or more
8 6.8 41 35.0 48 41.0 15 12.8 5 4.3
Trade off of property in lieu of
monetary spousal support
26 22.2 55 47.0 27 23.1 2 1.7 7 6.0

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N =164; 2004 Total N=117.

Table C17: Respondents' Reports on How the Court Addressed the Issue in Cases Involving Spousal Violence and How Frequently it Occurred, 2006 and 2004

2006
Court Response Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Assessment services were used 61 37.2 45 27.4 28 17.1 3 1.8 27 16.5
Child was given legal representation 86 52.4 32 19.5 15 9.1 1 0.6 30 18.3
Access supervision was ordered 30 18.3 76 46.3 31 18.9 3 1.8 24 14.6
Exchange supervision was ordered 41 25.0 52 31.7 35 21.3 4 2.4 32 19.5
Counselling services were used 35 21.3 50 30.5 46 28.0 6 3.7 27 16.5
Parents were educated on the effects of family violence on children 63 38.4 39 23.8 23 14.0 8 4.9 31 18.9
Access was denied to abusive parent 81 49.4 47 28.7 8 4.9 1 0.6 27 16.5
Custody was denied to abusive
parent
30 18.3 31 18.9 49 29.9 25 15.2 29 17.7
Civil order restraining harassment/
spousal contact
9 5.5 33 20.1 74 45.1 26 15.9 22 13.4
Court did not address the issue 76 6.3 26 15.9 11 6.7 5 3.0 46 28.0

2004
Court Response Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Assessment services were used 34 29.1 32 27.4 21 17.9 2 1.7 28 23.9
Child was given legal representation 48 41.0 31 26.5 12 10.3 2 1.7 24 20.5
Access supervision was ordered 17 14.5 47 40.2 26 22.2 5 4.3 22 18.8
Exchange supervision was ordered 29 24.8 36 30.8 21 17.9 6 5.1 25 21.4
Counselling services were used 27 23.1 35 29.9 26 22.2 8 6.8 21 17.9
Parents were educated on the effects of family violence on children 50 42.7 24 20.5 16 13.7 2 1.7 25 21.4
Access was denied to abusive parent 56 47.9 29 24.8 9 7.7 1 0.9 22 18.8
Custody was denied to abusive
parent
15 12.8 27 23.1 36 30.8 11 9.4 28 23.9
Civil order restraining harassment/
spousal contact
-- -- -- -- -- -- -- -- -- --
Court did not address the issue 41 35.0 25 21.4 12 10.3 10 8.5 29 24.8

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

Table C18: Respondents' Reports on How the Court Addressed the Issue in Cases Involving Child Abuse and How Frequently it Occurred, 2006 and 2004

2006
Court Response Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Assessment services were used 15 9.1 29 17.7 62 37.8 22 13.4 36 22.0
Child was given legal representation 66 40.2 26 15.9 22 13.4 12 7.3 38 23.2
Access supervision was ordered 7 4.3 28 17.1 64 39.0 32 19.5 33 20.1
Exchange supervision was ordered 44 26.8 39 23.8 31 18.9 12 7.3 38 23.2
Counselling services were used 21 12.8 36 22.0 57 34.8 14 8.5 36 22.0
Parents were educated on the effects of family violence on children 49 29.9 35 21.3 30 18.3 13 7.9 37 22.6
Access was denied to abusive parent 39 23.8 41 25.0 41 25.0 7 4.3 36 22.0
Custody was denied to abusive
parent
15 9.1 17 10.4 40 24.4 56 34.1 36 22.0
Court made referral to child welfare agency 52 31.7 37 22.6 16 9.8 16 9.8 43 26.2
Court did not address the issue 81 49.4 15 9.1 4 2.4 1 0.6 63 38.4

2004
Court Response Rarely Occasionally Often Almost
Always
Missing
n % n % n % n % n %
Assessment services were used 11 9.4 26 22.2 24 20.5 27 23.1 29 24.8
Child was given legal representation 37 31.6 22 18.8 23 19.7 10 8.5 25 21.4
Access supervision was ordered 2 1.7 22 18.8 45 38.5 26 22.2 22 18.8
Exchange supervision was ordered 22 18.8 27 23.1 22 18.8 10 8.5 36 30.8
Counselling services were used 23 19.7 28 23.9 31 26.5 5 4.3 30 25.6
Parents were educated on the effects of family violence on children 41 35.0 26 22.2 14 12.0 3 2.6 33 28.2
Access was denied to abusive parent 22 18.8 29 24.8 29 24.8 8 6.8 29 24.8
Custody was denied to abusive
parent
6 5.1 9 7.7 34 29.1 40 34.2 28 23.9
Court made referral to child welfare agency 34 29.1 26 22.2 15 12.8 9 7.7 33 28.2
Court did not address the issue 58 49.6 14 12.0 2 1.7 2 1.7 41 35.0

Sources of data: Survey on the Practice of Family Law in Canada, 2006 and 2004.
2006 Total N=164; 2004 Total N=117.

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