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Judicial decision-making

2011

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Full-Text Articles in Law

The “Eye Of The Beholder”: Professional Opinions About The Best Interests Of A Child, Noel Semple Jan 2011

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. …