May 2001

Parenting After Separation Program
Mandatory Attendance

Parenting After Separation (PAS) is a three-hour information session sponsored by the Ministry of Attorney General. The purpose of the sessions is to help parents make informed choices about separation and conflict, taking into account the best interests of their children.

Information is presented ,in lectures, videos, handouts and interaction with participants in three key areas:

• the impact of separation on children and adults, and how parents can best help their children through this difficult time
• the full range of dispute resolution options available in the justice system, including mediation and the court process
• how the child support guidelines work and how to find out more about them.

The material is designed to be useful to a range of participants. Various parenting strategies and dispute resolution options are explored because different circumstances require different approaches. Information on community resources for parents and children is also provided.

There is no charge for PAS sessions.

Voluntary sessions

Parenting After Separation sessions, with parents attending on a voluntary basis, were first offered in four locations in 1994. In December 1997, the program was expanded to communities throughout B.C., and in the following year some Lower Mainland communities began to offer PAS sessions in Cantonese, Mandarin, Punjabi and/or Hindi.

Mandatory sessions

In June 1998, a pilot project was launched in the Burnaby and New Westminster provincial courts requiring people with disputes about child custody, access, guardianship and/or child support to attend a PAS session before they appeared in court. Based on the success of the pilot project, the requirement to attend a PAS session has been expanded to provincial court registries in Surrey, Vancouver, Kelowna, Prince George, Abbotsford, Victoria, Nanaimo and Kamloops. The requirement to attend a PAS session is described in Rule 21 of the Provincial Court (Family) Rules.

The requirement to attend PAS sessions

Both the person making an application to court (the applicant) and the other parent (the respondent) must attend a PAS session if:

• an original order for child custody, access, guardianship or child support is sought, or
• a variation of an existing order for child custody, access, guardianship or child support is sought.

Both parents must attend a PAS session before their first court appearance. The court registry can set a date for the first appearance when one of the parties—either the applicant or the respondent—can show that he or she has complied with the requirement by either filing a certificate of attendance or showing that he or she has been exempted by the court (see below). (Court registry staff will consider other applicable court rules before setting a court date. Registry staff can explain what these are.)

Parents do not attend PAS sessions together, regardless of whether attendance is voluntary or mandatory. Attendance lists are confidential.

Exemptions from the requirement to attend

Sometimes parents do not have to attend a session even though their case is at one of the provincial court registries where attendance is mandatory.

There may be cases where an exemption is required because a matter is urgent. Parents can apply to the court for an exemption from attending a PAS session when they are applying for a restraining order or if they feel their personal safety, or the safety of their children, is at risk as a result of urgent and exceptional circumstances.

In some cases, exemptions are automatic, such as when:

• a consent order is being filed with the application
• a person has already attended a PAS session in the last 24 months
• one party is the director under the Child, Family and Community Services Act
• a party has assigned rights of maintenance to the Crown under the BC Benefits Act (and the application is for child support only)
• the application is about the enforcement of a child maintenance order and one of the parties lives in another province or country (i.e., "reciprocal enforcement maintenance order provisions").

Some exemptions may be given by a PAS program administrator after reviewing an exemption request. Exemptions may be given if the person making the request:

• is not fluent in the language in which the program is offered
• resides in a community where a PAS session is not offered
• is incapable of attending because of a serious health problem.

Information about the exemption process and copies of the exemption form are available at court registries and family justice centres in areas where it is a requirement to attend a PAS session before first appearing in court.

How to find out more about the PAS program

Family justice counsellors at community family justice centres can provide more information about PAS sessions (including the requirement to attend in some locations), as well as PAS brochures and exemption forms. Counsellors can also assist parents in other ways, such as providing dispute resolution services or referring people to other resources in the community.

In areas where attending PAS is mandatory, provincial court registry staff provide all applicants with PAS brochures and exemption forms when an application is filed. If there are concerns about the safety of a child or an applicant, registry staff will tell parents how to make an exemption request to the court. Respondents learn about the mandatory requirement when they are served with court documents. The PAS brochure and exemption form are included in the package of information required to be served on the respondent.

Most lawyers in communities across the province are familiar with the PAS program and the requirement to attend in some locations.

Where PAS sessions are offered

Enquiry BC can give you the phone number of your nearest family justice centre. The centre can help you find the session that is offered nearest to you. In communities where attendance at a PAS session is mandatory, sessions are also open to parents who wish to attend voluntarily.

Enquiry BC

In Vancouver, call 660-2421
In Victoria, call 387-6121
In other areas of the province, call toll-free 1-800-663-7867

Evaluation of the Mandatory PAS Pilot Project

Two evaluations of the pilot project in Burnaby and New Westminster were carried out.

One evaluation report includes the views of 189 parents or guardians who attended a mandatory PAS session in the Burnaby and New Westminster pilot areas between August 1998 and January 1999. More than 80 per cent of session participants in that period responded to the survey. They reported that the PAS session helped them to understand the separation process and how to resolve disputes without going to court. It also helped them to focus on their children’s needs. Most said they learned for the first time how the court decides on child support issues, how communication skills can help reduce conflict between people, and what services are provided by family justice counsellors.

Of the participants who completed the survey:

• Seventy-eight per cent reported they were very or somewhat satisfied with the session they attended
• Eighty-six per cent said they would recommend the session to other separating or divorcing parents
• Eighty-three per cent agreed that all parents or guardians going through a separation or divorce should have to attend a PAS session.

A second report focuses on the impact of the MPAS pilot project on the court system. This study also reports positive trends. During the six month evaluation period, the number of court cases at the pilot project sites (Burnaby and New Westminster) was compared to the number of court cases at another provincial court registry where attending PAS was not a requirement (North Vancouver). The number of times people appeared in court for each case was also compared. Cases in North Vancouver were more likely to proceed to a first, second, third or more appearances than cases at the pilot sites. That is, fewer cases at the pilot sites proceeded to court (66 per cent compared to 96 per cent ), and those that did were likely to have fewer appearances. As well, based on follow up surveys with a small number of people who attended PAS during the evaluation, it appears that a majority of those participants used or planned to use alternatives to court to resolve their family law disputes. Court staff interviewed for this study observed little evidence of people avoiding the requirement to attend a PAS session before appearing in court.

The Mandatory Parenting After Separation Pilot Project and expansion of the requirement to attend a PAS session were jointly planned by the Dispute Resolution Office and Family Justice Services Division, Corrections Branch, of the Ministry of Attorney General. Funding assistance is provided by the Department of Justice Canada.

May 2001