This Code of Ethics is intended to govern the conduct of Divorce Coaches whom are accredited by the Divorce Coaches Association of Ontario (“DCAO”). This does not apply to professional services provided by a Divorce Coach that is not providing Divorce Coaching services. This Code of Ethics shall serve as ethical guidelines so that Divorce Coaches serve spouses with integrity and maintain best practices and public confidence in Divorce Coaching for the resolution of family disputes. This Code of Ethics aims to:
ADR: Alternative dispute resolution including mediation, arbitration, mediation/arbitration and parenting coordination.
Conflict of interest: Conflict of interest means any relationship between the Divorce Coach and the spouse or the subject matter of the dispute that compromises or appears to compromise the Divorce Coach’s impartiality.
Culture: Culture is defined as the norms, values, beliefs, customs, historical narratives and behavioural patterns common to a particular group of people.
Domestic abuse: Domestic abuse involves physically, sexually, economically, psychologically and coercively controlling behaviours directed by, or against, current or former family or household members. These behaviours may occur alone or in combination. They vary from family to family in terms of frequency, recency, severity, manner, directionality, pattern, intention, circumstance and consequence. Physically aggressive behaviours involve the intentional use of physical force with the potential to cause injury, harm, disability or death. Sexually aggressive behaviours involve unwanted sexual activity that occurs without consent through the use of force, threats, deception or exploitation. Economically aggressive behaviours involve the use of financial resources to intentionally diminish or deprive another of economic security, stability, standing or self‐sufficiency. Psychologically aggressive behaviours involve intentional infliction of harm to emotional safety, security or well-being. Coercively controlling behaviours involve harmful conduct that subordinates the will of another through violence, intimidation, intrusiveness, isolation or control. Domestic abuse is sometimes referred to as spousal abuse, domestic violence, intimate partner violence or by other like terms.
Impartiality: Impartiality means freedom from favouritism or bias in word, action or appearance and it includes a commitment to assist all participants as opposed to any one person.
Online Divorce Coaching (“ODC”): ODC refers to the use of technology to facilitate Divorce Coaching that is not conducted face to face including, but not limited to, videoconferencing, phone, email, chat and text-based applications and other online platforms.
Participant: In addition to the spouse, participants may include the spouse’s family members, representatives, lawyers, advocates, advisors and support persons. Participants may also include subject-matter experts, brought in to provide the spouse and/or Divorce Coach technical information or insights.
Spouse: A person who is in a spousal relationship with another person and, in the context of DCAO, is the client, customer or purchaser of Divorce Coaching services from a Divorce Coach.
Technology: In Divorce Coaching, technology refers to the broad and evolving array of digital tools, platforms and systems that facilitate, enhance and support all aspects of the Divorce Coaching process. This includes, but is not limited to, secure communication methods, case and document management systems, videoconferencing and ODC platforms, data security measures, agreement drafting and execution tools, analytical and decision-support technologies, educational and training resources and emerging technologies such as artificial intelligence, large language models, algorithmic decision-making tools and similar technology integrated into Divorce Coaching.
1. A Divorce Coach recognizes, acknowledges and promotes principles of equality, diversity, accessibility and inclusion consistent with the requirements under Ontario’s human rights legislation.
2. This Code of Ethics is not to be construed as a competing code of behaviour displacing other federal or provincial legislation and regulation. Where there is a conflict between this Code of Ethics and other federal or provincial legislation and regulation, the latter governs.
3. A Divorce Coach shall ensure that they are fully qualified to deal with the specific issues involved in Divorce Coaching, recognizing limitations in their ability to handle matters outside the limits of their qualifications, education and experience.
4. A Divorce Coach shall communicate with spouses in a conscientious, timely and effective manner.
5. A Divorce Coach shall create an inclusive environment taking into consideration Indigenous heritage, race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, religion, sex, sexual orientation, gender identity and gender expression and capacity in order to design and maintain a meaningful process.
6. A Divorce Coach shall engage in a minimum of three (3) hours of annual continuing education to ensure that their knowledge and skills as a Divorce Coach are current.
7. A Divorce Coach shall not voluntarily disclose to anyone any electronic, written or verbal information prepared, provided, disclosed, or exchanged during, or for the purpose of, Divorce Coaching except upon the written consent of the spouse or when ordered by the court or required by law. A Divorce Coach shall inform the spouse of any limits to confidentiality in relation to the process.
8. A Divorce Coach shall avoid actual or perceived conflicts of interest which would have the potential of undermining the Divorce Coaching process and shall disclose all actual or perceived conflicts of interest as soon as they come to the Divorce Coach’s attention without providing compromising information.
9. A Divorce Coach shall encourage the spouse to make decisions based upon sufficient information, knowledge and advice.
10. A Divorce Coach shall not provide a spouse with therapy or legal advice.
11. A Divorce Coach shall advise the spouse of the importance and availability of independent legal advice and legal representation.
12. A Divorce Coach shall ensure that spouse is aware of their right to terminate Divorce Coaching.
13. A Divorce Coach shall terminate Divorce Coaching when they conclude that a continuation of Divorce Coaching is likely to harm or prejudice a spouse, the Divorce Coach, the professional relationship between the spouse and the Divorce Coach or some other person.
14. In consideration of the vulnerability of children, a Divorce Coach shall be child-centered and provide to the spouse education, awareness and understanding of the needs and best interests of children experiencing family conflict.
15. In consideration of the potential vulnerability of older persons and persons with a disability, a Divorce Coach shall provide to the spouse education, awareness and understanding of the needs and best interests of such persons in a family dispute.
16. A Divorce Coach shall accurately represent their qualifications, accreditation and designation in all marketing material.
17. A Divorce Coach shall not make any false, misleading, or exaggerated claims including claims about Divorce Coaching, its costs, its benefits or about the Divorce Coach’s skills or qualifications or about DCAO or its members.
18. A Divorce Coach shall not make promises and guarantees of results.
19. Only DCAO accredited members may publish the DCAO trademarked logo in marketing material.
20. A Divorce Coach accredited by DCAO is accountable and subject to discipline if they breach any of the terms of this Code of Ethics including remedial action, suspension or revocation of their accreditation and designation.
21. A Divorce Coach ceases to meet the criteria for membership in DCAO if the member fails to pay all applicable dues when due.
22. If a Divorce Coach loses their accreditation as a result of disciplinary action or termination of membership, the member shall remove their accreditation and designation from all marketing material.
23. A Divorce Coach shall educate the spouse about the Divorce Coaching process. Before Divorce Coaching begins, the Divorce Coach shall provide the spouse with an overview of the Divorce Coaching process and its purposes which include:
24. DCAO plays an important role to ensure that Divorce Coaches maintain and enhance their professional competence through continuing professional development in eligible educational activities.
25. A Divorce Coach shall obtain:
26. It is the duty of a Divorce Coach to meet the required standards of learning, professional competence and conduct.
27. A Divorce Coach must complete in each calendar year at least 3 hours of continuing professional development on topics related to the delivery of Divorce Coaching services, professional responsibility, ethics and practice management.
28. Continuing professional development is defined as the maintenance and enhancement of a Divorce Coach’s professional knowledge, skills, attitudes and professionalism in such programs that are approved by DCAO, which may include educational courses and workshops, mentorship and training, teaching and writing.
29. A Divorce Coach shall structure the process to ensure that the spouse has access to sufficient information and knowledge to make decisions on issues requiring resolution.
30. A Divorce Coach shall facilitate safe and accurate disclosure of information so that the spouse can make informed decisions.
31. Before and during Divorce Coaching, the Divorce Coach shall allow time for the spouse to consult with appropriate family, friends, advisors, experts and support persons including, but not limited to, lawyers, financial experts, therapists and clergy.
32. A Divorce Coach shall help the spouse assess the appropriateness of Divorce Coaching and explore how the process may be tailored to address the spouse’s respective needs and concerns.
33. A Divorce Coach shall explore any barriers to participation including, but not limited to, past or present domestic abuse, child maltreatment, mental illness, substance abuse, self-representation, language barriers, literacy, cultural norms, financial pressure and access to, and competence in, the use of technology.
34. A Divorce Coach shall explore and assess the need for accommodations, safeguards and process modifications that are tailored to address barriers to meaningful participation in Divorce Coaching.
35. A Divorce Coach shall screen for domestic abuse, assess the nature and context of the abuse and, in consultation with the spouse determine whether the process can be designed to address barriers to self-determination and informed decision-making.
36. When domestic abuse is identified as a possible issue, the Divorce Coach shall examine the nature and context of the abuse and help the spouse assess its impact on their meaningful participation in Divorce Coaching.
37. A Divorce Coach shall facilitate the spouse’s formulation of plans that protect the physical safety and psychological well-being of the spouse and their children.
38. A Divorce Coach shall not provide a spouse with Divorce Coaching if a conflict of interest exists or may seem to exist.
39. A Divorce Coach shall identify and disclose potential grounds of conflicts of interest upon which the Divorce Coach’s impartiality might reasonably be questioned.
40. A Divorce Coach shall make disclosure of a conflict of interest or perceived conflict of interest as soon as the Divorce Coach becomes aware of it.
41. A Divorce Coach shall avoid conflicts of interest when recommending the services of other professionals.
42. A Divorce Coach shall have regard to the best interests of the children of a spouse receiving Divorce Coaching.
43. A Divorce Coach shall have regard to the impact of conflict, violence and abuse on children.
44. A Divorce Coach shall endeavour to provide services and support to the spouse so as to minimize negative outcomes for the children.
45. A Divorce Coach shall ensure that the use of technology serves as a tool to enhance the Divorce Coaching process and improve the benefits to the spouse.
46. Prior to the use of technology in Divorce Coaching, a Divorce Coach shall assess the spouse’s abilities to use technology and ensure its benefit to the spouse.
47. A Divorce Coach shall treat all data processed, stored or transmitted using technology with discretion, safety and confidentiality.
48. A Divorce Coach shall implement data security measures, including but not limited to, end-to-end encryption to protect digital communications, records and participant information from unauthorized access, loss or misuse.
49. A Divorce Coach shall conduct regular evaluations of the technological tools they utilize.
50. A Divorce Coach may suspend or terminate the Divorce Coaching process when a spouse requests termination or when they reasonably believe the spouse is unable or unwilling to effectively participate in Divorce Coaching or for other compelling reasons.
51. A Divorce Coach may suspend or terminate the Divorce Coaching process in circumstances which include, but are not limited, the following:
52. If a Divorce Coach suspends or terminates Divorce Coaching, the Divorce Coach shall take all reasonable steps to minimize any resulting prejudice or inconvenience to the spouse and utilize a termination process that reduces the risk of harm to the spouse during or following termination.
53. A Divorce Coach shall fully disclose and explain the fees and charges to the spouse.
54. A Divorce Coach shall provide the spouse with sufficient information about fees so that they can determine whether they wish to retain the services of the Divorce Coach.
55. The Divorce Coaching Agreement shall set out all terms of the retainer including, inter alia, the names of the spouse and Divorce Coach, terms of compensation and limits on confidentiality.
56. A Divorce Coach shall deliver to the spouse regular account for fees in accordance with the Divorce Coaching Agreement which shall include a description of the fees payable.
57. A Divorce Coach shall not enter into a fee agreement contingent on the results or settlement of a case.
58. A Divorce Coach shall not accept a fee for referring a matter to any other person.
59. Upon termination of the Divorce Coaching Agreement, the Divorce Coach shall return any remaining deposit, after all outstanding fees are deducted, to the spouse.
60. The status of ‘Full Member’ is a membership status that is reserved for those whom hold accreditation as a Divorce Coach by DCAO.
61. The status of ‘Student Member’ is a membership status for those whom are pursuing education, training and accreditation as a Divorce Coach.
62. Membership is valid for one year and can be renewed, subject to payment of the applicable fee and agreement to these terms and conditions.
63. DCAO may undertake due diligence on members to determine ongoing suitability for membership.
64. DCAO Members are supported in delivering high professional standards by providing a wide range of member benefits including:
65. A spouse or member may submit a complaint of a member of DCAO in case they have violated the Code of Ethics.
66. The complaint may be submitted to the secretary of the Board of Directors.
67. The secretary shall ascertain if the complaint meets the minimum threshold for consideration by DCAO and contains sufficient details to enable an investigation, consideration and resolution of the complaint.
68. If in the discretion of the secretary, the complaint will proceed for investigation, consideration and resolution, the secretary shall establish a committee for that complaint as soon as practicable consisting of 3 members of the Board of Directors who are independent of the parties.
69. The secretary shall then notify the member and the complainant in writing that the committee was constituted.
70. On or before 15 calendar days after delivery of the complaint, the member may deliver a response to the complaint.
71. The secretary shall deliver to the complainant a copy of the response of the member.
72. On or before 15 calendar days after delivery of the copy of the response of the member, the complainant may deliver a reply to the response of the member.
73. The secretary shall deliver to the member a copy of the reply of the complainant.
74. After the delivery of the complaint, the response of the member and the reply, there shall be no further submissions to the committee.
75. The secretary shall provide the committee a copy of the complaint, the response of the member and the reply.
76. The committee shall investigate, consider and draft a report of the complaint and recommendations to the Board of Directors.
77. In case the committee requires more information to consider the complaint, it shall cause the secretary to request such information from the complainant or the member, with written notice to both parties.
78. The committee shall prepare a report to the Board of Directors for consideration of the complaint that may include, but is not limited to, a summary of its investigation, consideration and recommendation for resolution to the parties, or warning to the member, or advice to the member, or caution to the member.
79. The Board of Directors shall consider the report of the committee and direct the secretary to notify the complainant and the member of its decision in writing.
80. The decision of the Board of Directors in respect of the complaint is final and not subject to appeal, judicial review or other action.
81. The Board of Directors cannot award a monetary penalty, damages or compensation to the complainant, nor approbation of the member’s conduct.
82. In case of a dismissal of the complaint, the Board of Directors shall not comment on the merits of the complaint.
83. The communications in respect of the complaint including the responses and the decision of the Board of Directors may not be disclosed to any person or entity without the prior written consent of the Board of Directors.
84. Neither the complainant nor the member may disclose any part of the complaint or its process or outcome in any public space such as through social media.
85. This complaints policy shall be reviewed and updated by the Board of Directors in every even-numbered year.
