Explaining Child Custody Determinations in Canada

Abstract

Abstract Many earlier studies of Canadian child custody determinations have been written from ideological and feminist viewpoints. This study attempts to look at this subject from an empirical and sociological stance, within its historical context. Several related issues are considered, including the central issue of sexism, and the effects of legislation and case law on these determinations. Models of how custody cases settled by trial affect those negotiated outside the courtroom are explored. This study analyzes decades of Canadian child custody orders and other evidence to shed light on trends in judicial decision making and their causes.

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