Family dispute resolution: Characteristics of cases resolved by trial

Karine Poitras, Rachel Birnbaum, Michael Saini, Nicholas Bala and Francine Cyr

Children and Youth Services Review, 2021, vol. 123, issue C

Abstract: The vast majority of parental separations and divorces are resolved withoutresulting in a trial in family court, but the cases that proceed to trial have both higher financial and emotional costs for families. A better understanding of the factors associated with the use ofatrial to resolvefamily disputescan assist thefamilyjustice system to develop triage models to identify these cases at an early stage,and to provide resources to families to reduce the likelihood of a trial. A court file study was undertaken at two family courts in Québec, Canada. Of the total random sample (n = 987), 48 cases went to trial, revealing a low rate of trials in the family justice system, though one that is higher than in other Canadian jurisdictions. An additional oversampling of 100 court files that went to trial was completed to better understand the factors associated with trials.Multivariate logistic regression was used to identify factors associated with resolution of a case by a trial. Results show that 6 predictors variables were associated with a family trial: a temporary care motion;not having a jointapplication;representation of the respondent by a lawyer; younger children involved; child resistance to contact;andprior unsuccessfuluse of mediation services. These findings suggest the importance of the early identification of cases thatare likely to result in trialsbased on the factors reported. Future research is required about the decision-making processes of parents, lawyers and judges for a better understanding of the pathways through the family justice process.

Keywords: Family law trial; High-conflict separations; Access to justice (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:eee:cysrev:v:123:y:2021:i:c:s0190740920322544

DOI: 10.1016/j.childyouth.2020.105832

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