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  • Is the "80% of mothers get full custody" really true?

    In disputed cases, is it really true that 80% of mothers win full custody? I keep hearing this figure thrown around?

  • #2
    Anecdotally, I believe this to be correct.

    Every case is different, however. Just because you hear such intimidating 'statistics' does not mean you should believe them, or abandon your just cause.

    Assuming your cause is in fact just..

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    • #3
      It depends on which province among other things, and whether you are considering "all divorces" or just the ones that make it into case law.

      The justice department has tracked such outcomes. Here is one report though I am not sure if there is a newer one. It's all the way back from 2000.

      CHILD CUSTODY - Selected Statistics on Canadian Families and Family Law: Second Edition

      I am pretty sure the numbers have changed since then. Numbers from 2005-2006 report joint legal custody in about 40% of cases, for example.

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      • #4
        It was true, and likely is true to an extent now.

        The courts are becoming more welcoming of shared parenting and each parents equal role in the upbringing of the children. Also, gender roles are changing and the stay at home parent isn't as common.

        If there was a main reason why men lose custody more often is, IMO, men fall on their sword to bloody often and/or make stupid mistakes that cost them in the long run. Leaving the home without a custody agreement in place. Getting sucked into confrontations with the ex when they should walk away. Or agreeing to less parenting time as they have fallen for the myth that they are some how less important to the kids.

        All cases are different. Those parents that are not idiots and are able to stay child focused are substantially more likely to be an equal part of their childs life. Those that make stupid mistakes or feel the need to fall on their sword, are not.

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        • #5
          Agree with Hammerdad. Both crazy ex wives and the system itself make it sometimes feel a lot easier for Dads to just give up and become walking ATM machines since that's what the crazy ex wives and the system would prefer.

          But if you are determined, know what you want and have evidence to support your position, you have good likelihood of not falling into that 80%.

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          • #6
            The courts are becoming more welcoming of shared parenting and each parents equal role in the upbringing of the children. Also, gender roles are changing and the stay at home parent isn't as common.

            If there was a main reason why men lose custody more often is, IMO, men fall on their sword to bloody often and/or make stupid mistakes that cost them in the long run. Leaving the home without a custody agreement in place. Getting sucked into confrontations with the ex when they should walk away. Or agreeing to less parenting time as they have fallen for the myth that they are some how less important to the kids.

            All cases are different. Those parents that are not idiots and are able to stay child focused are substantially more likely to be an equal part of their childs life. Those that make stupid mistakes or feel the need to fall on their sword, are not.
            Extremely well said and very true.

            Since I've been in court a lot lately and have gotten to hear a lot of other people's motions and a lot of interim custody arguments...I'm definitely hearing a lot of judges really heading to joint custody as a default and not entertaining a lot of "crap" allegations as to why it shouldn't be joint. I've heard judges literally making very similar arguments to why it should be joint as the ones you hear in this forum.

            Also the British system is now defaulting to joint custody which has a huge effect for Canada.

            Ultimately whatever the trend is, like Hammerdad said...litigants who act as good agents for their children in court end up with a better chance at a favorable outcome. High-conflict, go-for-the-throat litigants generally have less favorable outcomes.

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            • #7
              Originally posted by FightingForFamily View Post
              It depends on which province among other things, and whether you are considering "all divorces" or just the ones that make it into case law.

              The justice department has tracked such outcomes. Here is one report though I am not sure if there is a newer one. It's all the way back from 2000.

              CHILD CUSTODY - Selected Statistics on Canadian Families and Family Law: Second Edition

              I am pretty sure the numbers have changed since then. Numbers from 2005-2006 report joint legal custody in about 40% of cases, for example.
              Wow...I'm really surprised at how low physical shared custody is! I suppose I'm a statistical anomaly as I was granted sole custody and primary residence of my then 9 year old daughter.

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              • #8
                those numbers are indeed depressing to consider.

                and i don't just mean it as an indictment on the legal system any more than an indictment of how society pushes the dad into accepting that role.

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                • #9
                  Originally posted by FightingForFamily View Post
                  I am pretty sure the numbers have changed since then. Numbers from 2005-2006 report joint legal custody in about 40% of cases, for example.
                  But remember, even though the custody is defined as "joint" doesn't mean the child(ren) spend equal time with both parents. It also doesn't define the child(ren) residency is shared or primarily with one parent.

                  It would be interesting to know of that 40%, what percentage are "shared custody and residency".

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                  • #10
                    I don't have an updated report on custody statistics but with a growing number of joint custody cases there's more shared custody, though still a smaller amount than any other type of custody.

                    Even so, seeing almost half of cases end in joint custody is a huge gain compared with "mother wins sole custody by default."

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