Family dispute resolution: Characteristics of cases resolved by trial

Judicial decision‐making in family court involving children with autism spectrum disorder

“…The average age of the children involved in the cases we examined was nine years old, which is higher than other studies analyzing court cases (Poitras et al, 2021) as well as Quebec and Canadian data on separated families (Statistique Canada, 2017). This result is surprising considering that families with a young child are more likely to go to trial (Poitras et al, 2021) and that studies suggest that the majority of marital breakdowns involving a child with ASD would occur at preschool age (Kousgaard et al, 2018).…”

“…The average age of the children involved in the cases we examined was nine years old, which is higher than other studies analyzing court cases (Poitras et al, 2021) as well as Quebec and Canadian data on separated families (Statistique Canada, 2017). This result is surprising considering that families with a young child are more likely to go to trial (Poitras et al, 2021) and that studies suggest that the majority of marital breakdowns involving a child with ASD would occur at preschool age (Kousgaard et al, 2018). It is possible that the parenting dynamic previously described, including an “expert parent”, may generate a co‐dependency between parents, which may delay their separation and the resolution of their conflict (Courcy & Des Rivières‐Pigeon, 2014; Kaufman & Pickar, 2017).…”

“…For most families, disputes will be settled by negotiation or mediation (Saini et al, 2015), while a minority of high-conflict litigation cases will involve the court and possibly a trial (Agazio & Goodman, 2017; K. Poitras et al, 2017;. Several factors influence the court's decision in high-conflict disputes: age of the child, the degree of conflict and the education level of each parent are factors associated with shared parenting (K. Poitras et al, 2021). Furthermore, it is important to note that the province of Quebec differs from Canada and the United States with its significantly higher rate of shared parenting (Bala et al, 2017;Desrosiers et al, 2018;Goubau, 2003).…”

“…For most families, disputes will be settled by negotiation or mediation (Saini et al, 2015), while a minority of high‐conflict litigation cases will involve the court and possibly a trial (Agazio & Goodman, 2017; K. Poitras et al, 2017; K. Poitras et al, 2021). Several factors influence the court's decision in high‐conflict disputes: age of the child, the degree of conflict and the education level of each parent are factors associated with shared parenting (K. Poitras et al, 2021).…”

“…Experts play a critical role in assisting the courts in judicial decision‐making (Godbout et al, 2020). However, family situations for which an expert is requested represent less than 5% of family trials (K. Poitras et al, 2021; Prescott, 2013), and expert evidence must be deemed necessary for them to be authorized by the court (Poitras & Gagnon, 2020). Furthermore, Semple (2011) argues that when expert evidence is sought and admitted, the experts' opinion is generally accepted by the judge.…”