How does the role of a hearing judge change in a family law matter?

As a general rule, in accordance with our common law system, judges play a limited role. They do not frame the case, collect evidence, or investigate matters. In family law matters, as McLachlin J.’s approach makes clear in Gordon v. Goertz, the role of the hearing judge is modified from the traditional common law role with the goal of reducing the adversarial nature of the proceedings. As noted in paragraph 11 above, the duty of ascertaining the best interests of the child is on the judge; there is an inquisitorial aspect directed at the unique circumstances of each child; and it is highly desirable to avoid conflict that may be damaging to the child.