Introduction

Family violence is a persistent and complex social problem that can have serious, long-lasting and sometimes fatal consequences. Amendments to the Divorce Act that came into force on March 1, 2021 require that judges take family violence into account when deciding family law cases, particularly in decisions related to parenting and the best interests of the child. In addition, provincial and territorial family law statutes include provisions relating to family violence.

In order to effectively support their client, it is important for legal advisers to be aware of family violence that has occurred or is occurring as well as the potential for future violence. This information is relevant not only for parenting cases, but also for other family law matters, such as property disputes or motions to change an order or agreement. Information about family violence is crucial to a legal adviser’s ability to identify all of the family law issues that need to be addressed, the support services a client may require, and ways to promote the client’s and their children’s safety throughout the family law case and beyond.

Family violence can be difficult for legal advisers to identify, and knowing how to respond to it can likewise present challenges. People from any community or background can experience family violence, however, research shows that the risk of experiencing family violence and the way this violence is experienced is influenced by multiple personal and social characteristics.Footnote1 Being aware of how previous trauma, racialization and colonialism as well as factors such as age, gender, Indigenous identity, ethnocultural group, perceived race, religion, disability, immigration status, sexual orientation, and the intersection of these factors,Footnote2 can impact the experiences of victims and survivors of family violence can help family law legal advisers to better serve their clients.

While there are family violence education and training resources available to legal advisers, these resources do not necessarily consider the unique experiences and circumstances of specific population groups in Canada. This report is intended to help fill this gap by summarizing key questions and considerations that subject-matter experts identified as important for family law legal advisers to integrate into their practice.