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Why Can't Everyone Just Get Along?

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Why Can't Everyone Just Get Along? WHY CAN’T EVERYONE JUST GET ALONG? HOW BC’s FAMILY LAW SYSTEM PUTS SURVIVORS IN DANGER WITH GENEROUS SUPPORT FROM WOMEN AND GENDER EQUALITY CANADA HALEY HRYMAK and KIM HAWKINS JANUARY 2021 Why Can’t Everyone Just Get Along? ACKNOWLEDGEMENTS How BC’s Family Law System Thank you to the dedicated volunteers Puts Survivors in Danger who assisted with tasks such as JANUARY 2021 transcription, organizing research data, and general research: Kala Bryson, Rise Women’s Legal Centre Reneet Dhillon, Lindsay Frame, Jaskiran (Haley Hrymak and Kim Hawkins) Gakhal, Parker Maris, Hayden McGuire, Julia Pinnock, Juliana Pyde, Amanda This project was conducted between June 2017 Richards, Lissette Torres, Lena White, and May 2020 and made possible by generous Julie Wong, Olivia Yin, and Diana Wang. funding from Status of Women Canada, now Women and Gender Equality Canada. This report benefited from the participation of Rise Women’s Legal Centre staff and supporters in various aspects of the research and evaluation. Thank you to Taruna Agrawal, Ayesha Ali, Andrea Photography by Melody Charlie Bryson, Vicky Law, Sheila Schierbeck, Graphic design by Nadene Rehnby Vandana Sood and to Brooke Finkelstein, Katie Filewych, and Zara Suleman. This document does not contain legal advice. If you or someone you care about requires legal The project team is grateful to the advice, please consult with a lawyer. key informants and interdisciplinary experts we interviewed and consulted with throughout this project. We are especially appreciative of the women who shared their experiences with us and the front-line advocates who assisted us in facilitating focus groups for women with lived experiences. These collaborations allowed for rich discussions about women’s experiences with the Family Law Act Our office is located on unceded and inspired us to collectively imagine territory of the Skwxwu7mesh a family law system that will both meet (Squamish), Tsleil-Waututh (Burrard), and the needs of women and respond to xʷməθkʷəy̓əm (Musqueam) Nations. the pervasiveness of family violence. 516 Richards St, Vancouver, BC V6B 3A2 The views expressed by project participants are their own. Any errors or 604-451-7447 | [email protected] omissions, however, are the responsibility womenslegalcentre.ca of Rise Women’s Legal Centre. Contents PART 1 INTRODUCTION .......................................................................................................................... 8 PART 2 METHODOLOGY .........................................................................................................................12 Our Methods..........................................................................................................................................12 Limitations ............................................................................................................................................ 14 Ethical Considerations ........................................................................................................................16 PART 3 BC CONTEXT ..............................................................................................................................18 Family Law Act .....................................................................................................................................18 Expanding the Definitions ......................................................................................................... 20 Access to Justice Gap for Family Law ....................................................................................22 PART 4 WHAT THE LEGAL SYSTEM IGNORES ...................................................................................24 Non-Physical Violence .......................................................................................................................25 Psychological and Emotional Abuse .......................................................................................25 Stalking ........................................................................................................................................... 26 Threats ............................................................................................................................................ 26 Financial Abuse ............................................................................................................................ 29 Litigation Abuse ................................................................................................................................. 30 Multiple Proceedings ....................................................................................................................31 Using Custody as a Means of Control .....................................................................................32 Unrepresented Litigants .............................................................................................................32 Conflicting Out ..............................................................................................................................33 Draining of Economic Resources .............................................................................................33 Lack of Awareness of Litigation Abuse ..................................................................................35 Few Consequences to Litigation Abuse ............................................................................... 36 PART 5 SEEKING HELP .......................................................................................................................... 37 Not Being Believed .............................................................................................................................38 Calls to Police Often Lead to Worse Situations for Women Experiencing Violence ......39 Blaming the Victim ............................................................................................................................ 44 Alienation ..............................................................................................................................................45 Stereotypes and Myths Against Women Who Have Experienced Violence .................... 46 PART 6 “WHY CAN’T EVERYONE JUST GET ALONG?” ....................................................................48 Shared Parenting with Abusive Fathers is Frequent ............................................................... 48 Impact of Shared Parenting on the Children ............................................................................. 50 “You Have to Look Reasonable”: Minimize and Silence the Violence ..................................51 PART 7 PROCESSES THAT INCREASE THE DANGERS OF THE LEGAL SYSTEM............................ 53 Family Dispute Resolution ...............................................................................................................53 Protection Orders ...............................................................................................................................55 Ministry of Children and Family Development ...........................................................................57 Getting to Court ................................................................................................................................. 60 Courthouses ........................................................................................................................................ 60 Supervised Visits .................................................................................................................................62 Health Impacts of the Court Process ............................................................................................63 Financial Impacts of the Court System ....................................................................................... 64 PART 8 KEY RECOMMENDATIONS AND FUTURE RESEARCH ..........................................................66 Mandatory Family Violence Education .........................................................................................67 Creating Safety in Courts .................................................................................................................72 Unified Family Law Courts .........................................................................................................72 Specialization of Judges and Court Staff ..............................................................................73 Continuity ........................................................................................................................................73 Sharing of Information About Risk ..........................................................................................74 Safe Spaces ....................................................................................................................................75 Child Care ........................................................................................................................................75 Courthouse Navigators ...............................................................................................................75 Plain Language Communications ............................................................................................76 Women’s Safety During Hearings ............................................................................................76 Additional Recommendations
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