NCJ Number
81744
Date Published
1981
Length
113 pages
Annotation
Based on courtwatching at the Vancouver Family Court (British Columbia) in 1980, recommendations are presented for show-cause enforcement of child maintenance orders through British Columbia courts.
Abstract
The sample of cases was composed of 68 alleged maintenance defaulters who appeared before the court referee in response to a summons to show cause during the Monday sittings from January 21, 1980 to March 31, 1980. The office of family court referee is unique, specializing in maintenance enforcement in the lower mainland. Analysis of the observations is aimed at showing the legal and extralegal considerations that enter into the noncustodial parent's thinking about his maintenance obligations and the legal and moral quandaries facing the enforcing court. Analysis of the excuses for arrears that arise on a case-by-case basis makes clear that the court as an institution upholding social values is on very shaky ground on the issue of maintenance. The family court finds itself choosing among excuses for lack of a consistent social policy; it is being asked to enforce orders in the absence on any clear publics consensus on the central issue of the continuing responsibility of parents toward their dependent children after breakup of marriages. The study's general conclusion is that problems in enforcing maintenance obligations are symptomatic of a wider social concern about changes in the family and society. Suggestions for short-term reform in enforcement are offered, however. Overall, it is recommended that the court reinforce the key propositions that the primary responsibility for the support of children lies with their parents according to their means and that this responsibility should not be affected by the marital relationship or the custodial arrangement. Tabular data, extensive footnotes, and a glossary of terms are provided.