Living with Mom or Dad, or both?

For the first time in 2002, fewer than half of children whose parents sought court-ordered custody were placed in the care of their mother. Of 35,000 dependents for whom custody was determined though divorce proceedings, sole custody of 49.5% of the children was awarded to their mother. As well, 8.5% of the children were placed in the custody of their father. Joint custody was ordered in the remaining cases.

Among the 60% of children living with their mother in 1998, 30% saw their father weekly, 16% visited him every two weeks, 25% had irregular visits, and 15% never saw him. The absence of the non-custodial parent can lead to estrangement: statistics show that, over time, contact with the non-custodial parent decreases. Twenty four percent of children whose parents have been apart for at least five years don't see their fathers.

Children of common-law unions are more likely to end up living with their mother and seeing their father irregularly or not at all. They are also less likely to receive regular financial support from their father.

In the mid-1990s, non-custodial parents were ordered to pay support in 65% of all cases of children covered by a custody order. About half of these payments were made regularly. Couples who worked out their custody and support arrangements without court intervention seemed to fare better when it came to payment of child support. In private settlements, 76% of support payments were made regularly. Moreover, the same proportion of non-custodial parents had regular visits with their children. About 33% of children whose parents had split up had no agreement for support payments.

In 2000, the issues of custody, access and support were under review by the federal government. At the core of the review was an effort to shift the focus of family law away from 'ownership' of children and toward a child-centered approach that would stress the responsibility of both parents to nurture and support their children. As part of the Child-centred Family Justice Strategy, the federal, provincial and territorial governments also initiated, in 2001, a consultation process giving Canadians the opportunity to share their views on custody, access and child support. A report has been presented to the Federal-Provincial-Territorial Family Law Committee at the end of the consultation process.