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Disclaimer: This summary was generated by AI based on the content of the source document.
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Un article de la revue Revue de droit de l'Université de Sherbrooke, diffusée par la plateforme Érudit.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Interdisciplinary family mediation as carried on in Québec leads to the drafting of an agreement dealing with all facets of a couple’s separation. It covers the sharing of parental responsibilities (children custody), partaking in property and financial contributions (support), while favouring the continuity of a functional parental relationship. While the government promotes access to mediation in the case of spouses with children, the legal effects of agreements issuing from family mediation are uncertain and give rise to numerous doctrinal and jurisprudential controverses. The authors first begin by presenting family mediation as it was implemented in Québec. They then demonstrate on the basis of jurisprudential and doctrinal analyses of the legal value of agreements issuing from family mediation, that the law falls short of adapting itself to this means of conflict resolution. In the end, there results uncertainty and disagreement on the legal effects of agreements resulting from such proceedings.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The dominant philosophy in family court emphasizes cooperative solutions between separating parents who are encouraged to put their conflicts behind them. For the majority of separating families, this collaborative approach will best serve their children. However, cases involving domestic violence require a paradigm shift, with a greater focus on making a parenting plan that protects victims and children, and less emphasis on speedy, cooperative outcomes. This paper presents a framework for addressing domestic violence through a tiered assessment strategy and an accompanying intervention framework depicted by off-ramps from a freeway (as an analogy in this case to the substantial momentum towards collaborative settlements). These off-ramps for domestic violence and high-conflict cases do not suggest a one-size-fits-all solution within these categories; rather, they mark a departure point from which a wide range of solutions may be considered. Policy and practice implications of this paradigm shift are highlighted.
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The purpose of the present study is to determine the average time offenders sentenced for murder spend in prison over three legislatively-relevant time periods : pre-1961 (pre-capital/non-capital murder sentences); 1961 to 1976 (capital/non-capital murder designation) and 1976 to 2002 (1st and 2nd degree murder designation)
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