The last thing families in the throes of divorce need is extra red tape. But depending on where they live in Ontario, that is exactly what many face when they turn to the courts for adjudication.
In much of the province, including Toronto, two different courts deal with family law. That means estranged couples often have to shuttle between a provincially appointed judge at the Ontario Court of Justice and a federally appointed judge at the Superior Court of Justice to sort out all the issues a family breakdown raises, from child custody to the splitting up of property.
In response to the confusion and inconsistency caused by these jurisdictional divisions, pressure is growing to install "unified family courts" across the province. Currently operating in 17 communities, including Newmarket, Hamilton and Barrie, unified family courts offer one-stop shopping for all family law matters, as well as various support services to help guide families through breakdowns.
Ontario Chief Justice Warren Winkler last week used a speech marking the opening of the province's courts to push for the expansion of unified family courts. "(Family breakdowns are) complex social problems that require multidisciplinary and co-ordinated responses," he said. "The time has arrived to implement a properly serviced unified family court system that meets the needs of all Ontarians."
Attorney General Chris Bentley supports unified family courts, but he can't go further without co-operation from Ottawa. The federal government appoints and funds Superior Court judges who staff the unified family courts. Bentley says his government has been asking Ottawa for 12 new federal judges to "relieve pressure" on the province's family courts, but so far has received only six for that purpose.
The ball is clearly in Ottawa's court.
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