Trauma-informed interviewing practices are common in criminal cases to help lawyers effectively communicate with survivors of assault. But family lawyers should also use them when working with clients who've experienced trauma. As legal practices evolve, there is a growing recognition of how … [Read more...]
Beyond ‘High Conflict’: The need for domestic violence awareness and assessment in family law interventions
Confusing domestic violence for high conflict can pose significant risks to the family, something family law professionals need to be aware of and assess in their clients. In family law, 'high conflict' often describes challenging relationships between parents. However, beneath this label … [Read more...]
The Tort of Family Violence: New relief available for victims of family violence
In 2022, the Ontario Supreme Court applied a new tort of family violence that recognizes the complex dynamic of violence within a relationship. The new tort of family violence represents another step forward in Canadian courts’ ever-changing views of how to address violence in family matters. To … [Read more...]
Working with Clients Who Have Experienced Family Violence: Being client-centered and trauma-informed
Calgary Legal Guidance's Domestic Violence Family Law program is constantly learning and growing to better hear, understand and serve its clients. Calgary Legal Guidance (CLG) is a non-profit organization offering a range of legal services to those who cannot easily access Legal Aid or other paid … [Read more...]
Domestic Violence Resources from CPLEA
Family Violence Prevention Month has come to an end but sadly information on this topic is needed year round. Here's a summary of information available from CPLEA. INFO SHEETS | Domestic Violence and the Law We have updated our Domestic Violence and the Law series of info sheets. Topics include: … [Read more...]
Toward a holistic approach to reform of the Canadian legal system
People experiencing domestic abuse must often deal with several legal matters while addressing that violence. Some matters will need urgent attention. But which ones? When the neighbours called 911 on Saturday night, Maria’s life went into a tailspin. As the police were arresting Paul, they told … [Read more...]
The Divorce Act and Invisible Abuse: Coercive control in family law
Coercive control, regularly at the heart of family violence, is now listed in the Divorce Act as a factor in the best interest determinations for children. The Divorce Act, as amended in March 2021, lists coercive controlling behaviours as a factor in best interest determinations for children. This … [Read more...]
Family Violence and Family Law in Alberta: The need for legislative reform and expansive statutory interpretation
Alberta has made some progress in its response to family violence, but there are areas where we are falling behind, including family law. November is Family Violence Prevention Month in Alberta, providing a good opportunity to reflect on the laws that address family violence in this … [Read more...]