Report on Federal-Provincial-Territorial Consultations on Custody, Access and Child Support in Canada

APPENDIX C: REPORT ON NORTHWEST TERRITORIES WORKSHOP

INTRODUCTION

On June 14, 2001, the Northwest Territories Department of Justice sponsored an in-person consultation on custody and access issues. The purpose of the session was to get input into possible legislative changes and improved services to parents and children dealing with separation and divorce. This consultation was intended to complement, not duplicate, the Federal-Provincial-Territorial Family Law Committee's national consultations on these issues.

The meeting was also an opportunity for the territorial government to get northerners' views on how it can help parents, lawyers and judges focus on what is best for children when making decisions about separation and divorce. Mike Bell, of Inukshuk Management Consultants in Yellowknife, served as the facilitator. A list of organizations that participated is attached as Table 1.

The session opened with two brief presentations. A representative of the Department of Justice Canada explained the background for the consultation process. The representative of the territorial Department of Justice provided some background information on programs and services and some statistics on separation and divorce in the Northwest Territories.

ABOUT THIS REPORT

This report provides a summary of the discussion and recommendations. It is divided into three parts:

THE "MIND MAP" ON TRENDS AND ISSUES

During the first session, participants developed a "mind map." The purpose of this was to identify some of the major trends and issues affecting custody and access.

In this brainstorming process, participants indicated their major areas of concern. These were then written on a large blank paper covering a wall-on lines extending out from a circle in which was written "Trends and issues affecting custody and access,"-as follows.

SYNTHESIS

Most of the trends and issues appear to fall into the following broad areas of concern.

OPEN SPACE: SMALL GROUP DISCUSSIONS

After completing the mind map, the session entered an "open space"stage. The facilitator explained the open space procedure and participants were invited to set the agenda for the rest of the day by posting discussion topics on the wall. The members of the group then signed up for discussions in their area of interest. In addition to facilitating their own discussion groups, group leaders had to ensure that someone in their group recorded the discussion. There were 12 small group discussions.

ROLES, RIGHTS AND RESPONSIBILITIES OF GRANDPARENTS

Discussion

Recommendations

ROLE OF TECHNOLOGY IN ACCESS ISSUES

Discussion

Recommendations

MAINTENANCE ENFORCEMENT ISSUES

Discussion/Recommendations

CURRENT TERRITORIAL LEGISLATION DOES NOT RECOGNIZE ALTERNATIVE FAMILIES

Discussion

Recommendation

ALTERNATIVES TO THE COURT PROCESS

Discussion/Recommendations

DIVORCE AND SEPARATION: EFFECTS ON CHILDREN AND THE ROLES OF PARENTS

Discussion

Recommendations

ENFORCEMENT OF ACCESS AND CUSTODY ORDERS

Discussion

Recommendations

60-40 CHILD SUPPORT ROLE

Discussion

Recommendations

ACCESS TO SERVICES

Discussion

Recommendations

PARENT EDUCATION

Discussion

Recommendations

FAMILY VIOLENCE, CONVICTIONS OF CHILD ABUSE AND SEXUAL ASSAULT

Discussion

Recommendations

TERMINOLOGY

Discussion

Recommendations

In the last session of the day, the participants gathered in plenary. The facilitator asked participants to reflect on their small group sessions and indicate dominant themes or areas of concern about which they might like to make specific recommendations. They decided on the following recommendations.

Participating Organizations