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Book Review: The Best Interests Of Children – An Evidence Based Approach, By Paul Millar, Noel Semple
Book Review: The Best Interests Of Children – An Evidence Based Approach, By Paul Millar, Noel Semple
Law Publications
If custody and access disputes are a deck of cards, the trump suit is the best interests of the child. When separating parents litigate about how and with whom their child should live, findings about what’s best for the child are meant to sweep away the parents’ interests and rights-claims. This principle is uncontroversial, but applying it is difficult. What parenting arrangements are best for children, and how successful is the legal system in putting these arrangements in place?
Sociologist Paul Millar has responded with this slim volume, the goal of which is to “explain child custody outcomes in Canada …
The “Eye Of The Beholder”: Professional Opinions About The Best Interests Of A Child, Noel Semple
The “Eye Of The Beholder”: Professional Opinions About The Best Interests Of A Child, Noel Semple
Law Publications
Child custody evaluations (CCEs) are a central feature of parenting litigation in many North American jurisdictions. However, there has been little recent research comparing CCE decisions about children’s interests with decisions made by judges. This article presents empirical research about the extent to which Ontario judges accept custody and access recommendations from CCEs employed by Ontario’s Office of the Children’s Lawyer. The central finding was that the judges fully agreed with the CCEs only about half of the time. Possible explanations for this finding are explored, the most salient of which is the effect of delay in Ontario family litigation. …