A $223,837 SSHRC research study examines the impact of recent changes to the Divorce Act

Dr. Rachel Birnbaum, Distinguished University Professor Emerita, who was cross-appointed to Childhood and Youth Studies (CYS) department and the School of Social Work at King’s University College, is a co-recipient of a Social Sciences and Humanities Research Council (SSHRC) grant for a collaborative study, Responding to Challenging Times: An Inflection Point for Family Justice in Ontario.

The five-year study will investigate recent changes to the Divorce Act, the Children’s Law Reform Act, and the intersection of family violence and high-conflict families involved in parental separation. It brings together a distinguished team of academics and community partners led by principal investigator, Dr. Nicholas Bala, Professor in the Faculty of Law at Queen’s University.

The multidisciplinary study team also includes Dr. Peter Jaffe, Psychologist and Professor in the Faculty of Education at Western University and Director Emeritus of the Centre for Research & Education on Violence Against Women & Children, Dr. Claire Houston, Assistant Professor of Law at Western University, Dr. Ferzana Chaze, Professor in the Faculty of Applied Health & Community Studies at Seneca College, Antoinette Clarke, Executive Director at Peel Family Mediation Services, and Archana Medhekar, Barrister and Solicitor and Accredited Family Mediator. 

The research study will examine the impact of changes to the Divorce Act that came into place on March 1, 2021.

One of the most significant changes is a new definition of family violence. “This is the first time we have family violence in the legislation, and it’s extremely detailed,” Dr. Birnbaum notes. “It includes coercive control, which means judges must now look at the behaviours and the impact of controlling behaviours when family violence has been listed.”

Another change aims to better protect children by increasing their voice in parenting arrangements. “Children must now be heard by the court in one way or another, whether that’s through a voice of the child report, a parenting assessment, or a judicial interview,” Dr. Birnbaum explains. This concept is central to the scholarly activity of Childhood and Youth studies at King’s.

Dr. Birnbaum and her colleagues will conduct a multi-layered series of research studies to determine how these and other changes to the Divorce Act have impacted the efficiency and effectiveness of the family justice system. 

“We want to see if there are improved outcomes for children and parents, particularly those involved with family violence, high-conflict families, and disadvantaged populations,” says Dr. Birnbaum. “We will identify things that are going well, as well as any gaps.”

They also hope to highlight the intersectionality of family violence and high-conflict families on marginalized and racialized peoples with particular emphasis on Peel Region, the largest multi-racial community in Canada.

The five-year research study gets underway this summer, with findings to be published in peer-reviewed journals, as well as legal, social work, and psychology newsletters.

“It will be very interesting to see how these significant legislative changes to the Divorce Act have influenced practice, policy, and services,” says Dr. Birnbaum. “We are the only group of researchers that will be looking at the changes in this way. We are very excited to get started.”

Dr. Rachel Birnbaum is a Distinguished University Professor Emerita at King’s University College who taught in the area of children and families and on the intersection between law and social work. She has presented and published both nationally and internationally and is the co-author of several books on separation and divorce, parenting plans, as well as the use of various types of research methodologies in the social sciences.

Dr. Birnbaum is a Member of The Royal Society of Canada, College of New Scholars, Artists, and Scientists. She was the President of the Ontario College of Social Workers and Social Service Workers (OCSWSSW) from 2005-2009; the President of the Canadian Council of Social Work Regulators (CCSWR) from 2012-2014, and was the President of the Association of Family and Conciliation Courts-Ontario (AFCC-O) for 2014-2015. She was also a Board Member of the Canadian Research Institute for Law & The Family, in Calgary, Alberta.