2. In cases of spousal abuse men should have no access to their children and only limited, supervised access if they completed a batterer's program and submit to a risk assessment.

Changes to Supervised Access

If abusive men continue to have access to their children, all access should be supervised.  For supervised access to work, the following changes need to be made:

3. Expand the operating hours, languages and number of the Supervised Access Centers.

4. If the father and children can speak English, the mother can request that the Court order Supervised Access Visits to be conducted in English.  If not, the mother can request that the courts order a supervisor that speaks the language or a cultural interpreter to be present.

5. Develop Supervised Access programs within community-based ethno-specific or settlement agencies that currently provide woman abuse and batterers programs.

"Maybe funds could be made available to ethno-specific agencies that provide counseling for abused women to offer a limited supervised access program."

Towards "Safer" Unsupervised Access

6. If women cannot get supervised access in a Supervised Access Center, lawyers and advocates should work with women to develop the "safest access arrangement they can."  This may include:

• Stipulating that access exchanges must occur in public placesHaving a mutually agreed upon person supervise accessUsing police stations for access exchange visitsUsing local community centers or community services

According to a family lawyer,

"I have clients who use local community centers.  If there is a woman's program worker there, I tell my clients to contact that worker ahead of time, to let her know that an access exchange will be taking place at her center.  If there is a regular recreational or other worker there at the time of the drop off/pick up I encourage my clients to 'get to know that worker.'  Sometimes people can be very supportive and helpful, I've found some McDonald's Managers to be really great when I tell them that an access exchange will be occurring at their restaurant. If a woman is using the local police station and they are receptive, she and her children should get to know the duty officer.  It may be in the child's interest. For example, if that child discloses sexual abuse to the officer it is unlikely that he or she will let that child go on that visit."

7. Ongoing safety planning around access exchanges and if access plan changes safety plan should be re-evaluated.

"Counselors and advocates need to stay in touch with their clients. Talking with women about their safety.  Checking in on them about this is important.  Helping them to develop ongoing safety plans."

8. Stipulating in Custody Orders, Restraining Orders and Peace Bonds that a father can have access to his children but no access to the mother.

Information, Education and Training for Immigrant and Refugee Women

9. Development of a plain language brochure and information kit on woman abuse and custody and access that outlines:

• The differences between criminal court and family court;
• A woman's legal rights in criminal court and family court; her children's legal rights and her former partner's legal rights e.g. he may have a right to see the children but not a right to see their mother;
• A woman's right to counsel;
• Resources and support for immigrant and refugee women;

I think that immigrant and refugee women, like myself, need to be educated when they arrive in Canada about the laws, the community agencies and all the help she can get so that they can survive and live well without their husbands."

"Citizenship Classes for immigrant and refugee women are very important to helping them realize their rights in Canada."

"Immigrant and refugee women need lots of information about violence against women.   This information should be easily accessible and available from one place."

• The relationship between the custody and access of children and the payment of child/spousal support;

"Immigrant and refugee women also need to know that custody and access and support are different things.  Men often use support to get custody and access but these things should remain separate.  Children are entitled to support whether or not he visits."

• The relationship between a woman's custody of and access to her children and her immigration status;

Women should know, that,

"The law treats custody and access and immigration separately.  Even if a woman is undocumented she has the right to go to court and have custody of her child, she might not be able to get legal aid but she has a right to legal representation and the right to live with and care for her child."

• How the division of political power in Canada affects custody and access for immigrant and refugee women;

One refugee woman who found out the hard way about these divisions of power said,

"Many women do not know that in Canada different levels of governments are responsible for different things.  If a woman has immigrated to Canada or has been a refugee she will be used to dealing with the federal government and not know about the other levels of government.  If she is being abused and she calls the police she needs to know that the government of the city she lives in—in my case, Toronto—is responsible for the police. If she needs information about her case from the police she must get it from the local station in the city in which she lives, not the Ontario Provincial Police.  If she needs a restraining order, she must contact the Justice of the Peace in the Ontario Provincial Court.  If she wants custody of her children, she must also go to the Ontario Family Court but if her former husband takes her children to another country, even if she has a custody order from the province, she must contact the federal government through the RCMP and Foreign Affairs Canada.  Women need to know that none of these different levels of government speak to one another so she needs to know that she will have to tell her story over and over again to different people.  If her child has been taken from her to another country, she will need to navigate all of these systems.  Women also need to know what countries Canada has extradition treaties with so that they can get their children back."

• Information on what to do if  children are removed from Canada;

"If a woman has interim or legal custody of a child and that child is taken from Canada to another country, it is considered an international kidnapping and the woman should report it to the RCMP and Foreign Affairs Canada.  Whether a woman gets that child back depends on Canada's treaties and agreements with that country as well as the woman's ability and means to go through legal proceedings in that country."

10. Development of an information kit on seeking legal help that includes information on:

• Legal Aid;
• Legal terminology;
• What to look for in a family lawyer;
• How to communicate with a family lawyer about your case;
• How to prepare for lawyer's meetings, what documents to bring, etc.
• How to organize your evidence
  "Use of journals, in a woman's own language or in signs or pictures and tape recorders, if she has low literacy, can be helpful."
• What to expect in court;
• What to expect from your former spouse in court.  Some examples of what abusers do:
  "He will allege that accusations of abuse are false.
  He will claim that he doesn't want her and she wants him, yet insist that all access visits take place at her home.
  He will resist restraining orders but will be secretive about where he is living.
  He will question her fitness as a mother and try to present himself as a great father.
  He will say that she is jealous that he rejected her.
  He will say that she is bad and wants to get back at him.
  He will try to tie support to access."
• How to dress for court and where to get "court clothes."
• How to explain your cultural/religious values to the court;
• What to do if you suspect that your former partner is abusing your child;
• Who to complain to if your lawyer fails to represent you.
• Information about when women are not breaking the law.

"It is not against the law, for example, for a woman to say to her former partner that he cannot see their child if he shows up late for an access visit.  If the custody order says that he can see the child between 9am and 5pm on a Saturday and that the pick up time is 9:00am and he doesn't show up until noon, he is in violation of the custody order, not her.  She does not need to hang around until noon waiting for him to show up. She should do what she normally does on a Saturday and take her child with her."

11. Development of materials on woman abuse and custody and access to be included in all ESL curriculum:

"I think that ESL teachers give the best help to immigrant and refugee women.  They understand what we are going through. We trust them.  They see us everyday, they know when we have a problem.  My ESL teacher knew that I was being abused, she could see the bruises, she could see that I felt down…"

12. Development of community based education (e.g. workshops, information nights, support group) on custody and access for abused immigrant and refugee women who are about to start family law proceedings.

"The system is extremely confusing. Women want clear answers but there are none.  They need help to walk through the system, step by step."

13. Development of Peer Education/Support Programs on woman abuse and custody and access located in community based, ethno-specific organizations and settlement agencies.

According to the women interviewed,

"I think it would be helpful if there was someone, not a counselor, but support person who spoke English who could go with you to see lawyers, social workers and judges."

"Women learn best from other women. Support and advice from women who have been there is important."

These programs should also reduce the extreme isolation that increases danger and create a sense of community for women.

"I think that it would be great if people believed our stories and supported us.  People don't have time to listen to our problems, just a few minutes on the phone.  It would be nice if we could say 'this happened to me' and have someone, other than a counselor, say 'that's too bad, no one deserves to be treated like that."

 "Counseling and social support programs that recreate a sense of community for immigrant women who have been abused and felt that they had to leave their cultural/religious community when they left the relationship are important."

Information, Education and Training for Family Lawyers

14. Development of information kits and resources for lawyers that include:

Information, Education and Training for Judges

15. Ongoing specialized training for judges on woman abuse and children's exposure to violence.

"All judges and lawyers need anti-oppression training, specialized training on woman abuse - including economic and emotional abuse and children's exposure to violence. More training and education needs to be done with lawyers around custody and access.  They need to understand more about woman abuse. E.g. why a woman is stressed, why she is ambivalent, etc."

"They should be sensitive.  Knowledge and sensitivity to woman and child abuse should be a criteria of being appointed to the bench."

"They need to get rid of the stereotypes, they need to learn from the women they are seeing."

16. Ongoing specialized training for Judges on the custody and access needs of abused immigrant and refugee women, e.g. immigration/refugee status, travel to see family outside of Canada, risk of international kidnapping.

17. Development of best practice guidelines for judges on how to work with immigrant and refugee women.

18. Regular mailings via the various Judiciary Committees to Judges about woman abuse and children's exposure to violence.

Information, Education and Training for Counselor-Advocates, Community and Religious/Spiritual Leaders

19. Development of a comprehensive training program on immigrant and refugee women and family law.

According to advocates:

"Training for settlement and frontline workers in community based agencies around custody and access is important."

"Training and education for religious leaders in different communities about woman abuse and custody and access so that they can give women the right information."

"For Deaf immigrant and refugee women, who don't know ASL yet, it is important that contact be made with organizations like Impact ASL, GOLD and the Bob Rumball Center."

20. Development of an information or resource kit for advocates, community and religious leaders that includes:

• Information about criminal court and family courts;
• A woman's legal rights in criminal court and family court; her children's legal rights and her former partner's legal rights e.g. he may have a right to see his children but not a right to see their mother;
• A woman's right to counsel;
• The relationship between the custody and access of children and the payment of child/spousal support;
• The relationship between a woman's custody of and access to her children and her immigration status;
• Information on what to do if children are removed from Canada;
• How to get Legal Aid.

According to one lawyer.

"As a service provider you can help prepare women to get Legal Aid by giving them the facts about Legal Aid.  Give her a list of the documents that she will need to take to Legal Aid. Tell her to get to the Legal Aid office when it opens and that she should expect to spend the day there. Help her to arrange childcare, for the day, through a friend, relative or drop-in community childcare program—like the one at Scadding Court. When she is seen by the intake worker tell her to tell the intake worker that she has experienced violence in her home and to say 'This is an emergency' or 'This is a red tag.' This may assist her to get her legal aid certificate issued earlier. Legal Aid will decide how many hours she will get.  A detailed letter from a lawyer outlining facts that justify a Legal Aid Certificate can get a woman the most hours.  Now the maximum that some women get is more than 16 but it varies according to facts, women's presentations and whether intake is persuaded that they need the hours."

• Legal terminology
• How to screen family lawyers.
• How to develop ongoing relationships with family lawyers that your service refers to.
• How to communicate with a family lawyer about a client's case.
• How to help clients prepare for lawyer's meetings, what documents to bring etc.
• How to help a client organize her evidence.
• How to help clients explain their cultural/religious values in court.
• Protocols for responding to a client's suspicion of child abuse.
• Who to complain to if the lawyer does not appropriately represent the client.
• Legal information and resources for advocates, community and religious leaders.

Changes to Legal Aid

21. Increased hours for abused women.

This is especially important for abused immigrant and refugee women because

"Immigrant and refugee women may be unfamiliar with the Canadian legal system and need their lawyer to explain it to them. They may be scared and their lawyer may need to spend time reassuring and supporting them."

22. Increased hours for investigators and law clerks so that an adequate amount of research is completed for each family law case.

One lawyer said that,

"This is especially important if women have complex histories. It's not that immigrant and refugee women have any more complex histories but the process of leaving one place and settling in another can be difficult and immigrant and refugee women need to talk about both their immigration experience and their experiences with abuse"

23. Legal Aid to create a budget line for cultural and Deaf and ASL interpretation so immigrant and refugee women can access legal representation in Family Court. 

Currently there are no funds set aside for Cultural Interpretation in Family Court as there is in Criminal and Immigration Court.

Many immigrant and refugee women often "get stuck" using lawyers from their communities.  According to one advocate,

"These lawyers are usually men and really don't do family law.  Most have very traditional ideas of family and most do not understand abuse."

24. Expand Legal Aid to include certificates for divorce – in cases of abuse, not just for custody and access proceedings.

"For some immigrant and refugee women a legal divorce is key for obtaining a religious or spiritual divorce."

Changes to the Practice of Law

25. End the practice of streaming immigrant and refugee women into mediation.

26. Provide trained cultural, Deaf to ASL and ASL Interpreters for Family Court.

The Criminal Courts use specially trained cultural and ASL Interpreters but the Family Courts do not.  Family lawyers who work with immigrant and refugee women have found, for the most part, that the Interpreters retained by the Family Courts have no understanding, whatsoever, of woman abuse.

27. Providing childcare for lawyer's meetings or directing clients to licensed, low cost, short- term childcare.

28. Establish clear boundaries for working with women from all backgrounds including immigrant and refugee women.  Discuss the following with clients at the first meeting:

• Lawyer's role;
• Client's role;
• Referrals to other helping professionals;
• Role of other helping professionals and officials e.g. social workers, advocates, interpreter, police, justices of the peace, etc.;
• Whether the lawyer can speak with or exchange information with these helping professionals.

29. Working in partnership with counselor-advocates.

"It is really important—with my client's consent— to consult with counselor-advocates in her community so that I understand her circumstances."

30. Helping women to draft Restraining Orders and Peace Orders.

31. Writing Custody Orders that place conditions around access that can in the end revoke access altogether, e.g. if he misses so many dates, if he is late, if the child is not properly looked after, if there is irregular contact, if there are long gaps in time.

32. Including explanations of any cultural/religious practices that may have a bearing on court proceedings and custody orders in motions or affidavits.  For example women from some communities may report that their former partners emotionally abuse them by telling them that they are "used tires", a term for prostitute.  This term is considered in Arab culture to be extremely offensive and akin to telling a woman that she has lost her status in the community.

33. Providing ongoing legal advice to women, e.g. returning their client's telephone calls.

Changes Regarding the Division of Property/Assets and the Payment of Child Support

34.  Bring back the provincial support plan Ontario discontinued in 1995.

This plan which automatically deducted child support from the spouse that was required to pay allowed abused women to receive child support without having to deal directly with their former partners.

35. Foreign Affairs, Canada, expand agreements with other countries around the settlement of "matrimonial" property.

Many immigrant women reported that they owned joint property with their husbands in their country of origin but when they separated/divorced in Canada they could not receive any of this property as part of their settlement.

36. Change the practice of family law to recognize the "investment" made by immigrant women in their family businesses.

37. Give the Family Courts power to follow up and enforce support payments.