PROCEDURAL ASPECTS OF ARRANGEMENTS FOR CHILDREN UPON DIVORCE IN CANADA

Abstract

The traditional adversarial system has, come under considerable criticism from a variety of circles, both legal and non-legal, for its alleged inability to accommodate the human and evidentiary aspects of custody disputes. Yet the competing models of dispute resolution, whose advocates have made significant inroads into the public consciousness, have serious shortcomings as well. Concerns over the traditional model have led to, responsive adjustments in many of the country's divorce courts. These have included the introduction of such structural and procedural innovations as pre-trials, mediation, assessment reports by experts and the independent legal representation of children. Notwithstanding these advances, however, the article closes with the observation that further reforms are still warranted in the service of children of divorce.