Family Law

Question 1

Individual Definitions

Answer 1

• groups may claim they are family but legally are not recognized as such. Groups have been described as a family by a government who do not consider themselves to be such

Question 2

What is Official Census

Answer 2

documents go directly to your home, questions are asked such as what is your income, how many members, define members

Question 3

what is functional approach

Answer 3

legal decisions, an approach used by legislatures and courts

Question 4

what is familialism

Answer 4

refers to what an ideal family may look like, who makes a family, what a family should be

Question 5

what are some examples of family law legislation

Answer 5

child and family services, divorce act (federal) property, custody, child support
family law act (provincial) separating
family responsibility and support arrears enforcement act

Question 6

what are some themes in family law

Answer 6

contradiction, justice, equality, invoking equality,

Question 7

what is contradiction

Answer 7

deals with private vs public matters, child protection law, example first nations children, residential schools

Question 8

what is justice

Answer 8

fairness between families

Question 9

what is equality

Answer 9

charter rights and freedom

Question 10

what is invoking equality

Answer 10

social benefits

Question 11

Autonomy vs Proaction

Answer 11

based on protection which takes two accounts factors with family life and relationship with the state

Question 12

Boomerang Children

Answer 12

children that left home never come back and now want to live with their parents

Question 13

Best interests of the child

Answer 13

Obligations of the court, in the context of the child custody cases focusing on the child bests interest means all custody and visiting decisions deal with happiness and health, whats right for the child.

Question 14

Hyde Vs Hyde & Woodman

Answer 14

Marriage is more than something contract, it deals with peoples beliefs, responsibilities, it confers a status, Traditional and historical view dealing with english common law

Question 15

Halpern Case

Answer 15

Marriage is Legal

Question 16

Webb v Webb

Answer 16

– deals with discrimination against people with mental illness which they should be able to marry, infringes equality rights

Question 17

what are some social changes affected by marriage

Answer 17

changing roles of women, lesser role of formal religion in family, divorce, same sex marriage

Question 18

what goes into making a marriage lawful

Answer 18

parties must have two persons under federal civil marriage act, both parties must have capacity to consent to marriage, capacity courts will look at the facts to decide if you can marry each other, must be not within the prohibited degrees of consanguinity and affinity, parties must be not married already, parties must be age

Question 19

whats nullity actions

Answer 19

shows whats wrong with the marriage, wasnt vaild for following reason

Question 20

examples of capacity and duress

Answer 20

green card, trying to get into canada for immigration or visa just to marry someone, courts will look at all facts for capacity and duresss

Question 21

Cohabitation

Answer 21

• Implies less commitment while offering many of the advantages of marriage. It allows the couple to live in a family environment, provides the couple with the scale of economy, and at the same time, offers them the benefit of a single state. More important, it allows them to try out the relationship and see whether the relationship will work

Question 22

Adoptions two stigmas

Answer 22

 1. To avoid the stigma of “illegitimacy”, pregnant unmarried women often needed to place their babies for adoption
 2. Childless couples often wanted to adopt a baby to avoid the prohibition of “incomplete” families

Question 23

Involuntary

Answer 23

: Child Welfare Jurisdiction – foster care – parents rights terminated – becomes a crown ward parents rights are terminated and child is placed for adoption. We will address this situation in a later lecture.

Question 24

 Voluntary Adoption Cases

Answer 24

– mother, or mother and father must give consent in writing to the adoption of their child

Question 25

Why is it important to look at the history of our child welfare jurisdiction?

Answer 25

	Process before and after law evolves
	Understand an area law came from 
	Comes from social norms and values
	Whats going on in the society today 
	Force of nature huge impact on children – industrial revolution many children had to work in factories

Question 26

Problems with charitable approaches

Answer 26

– some problems they are not using data, don’t know how many children need help no analysis with it, open home took in young boys in Niagara to help children

Question 27

3 states of child welfare

Answer 27

 Presents foster care as the domestic voluntary and patriotic solution to problems in modern society
 The problems were ‘deficient’ families, which male bread winners were seen to have had failed to support adequately
 Orphanages and shelters which were the rival remedies to domestic disaster – women were noteworthy founders, supporters and staff
 These were primarily for children who were different or seen to be difficult to care for.  Early efforts started to be made to enable mothers to keep their children.
STAGE 3 – No support, Racism, Legal Status

Question 28

preamble

Answer 28

Whereas it is desirable to encourage and strengthen the role of the family

Question 29

baby scoop

Answer 29

young girls ages 16-17
Government doesn’t like how the household is runned so kid is taken away
Does not reflect equality rights
JMS case – risk of children taken, legal status, what kind of child they have

Question 30

Jordons Principle

Answer 30

• Jordan’s Principle is a child-first standard adopted in the House of Commons in late 2007.
• Jordan’s Principle ensures that First Nations children can access all public services when they need them. Services need to be culturally based and take into full account the historical disadvantage that many First Nations children live with. The government of first contact pays for the service and resolves jurisdictional/payment disputes later.

Question 31

Assimilation

Answer 31

– to let out of their own heritage, polices

Question 32

Reconciliation

Answer 32

On going process in renewing, pass relationships are not repeated, women and men were not the way to build a strong country

Question 33

why is reconciliation still relevant

Answer 33

Lot of surviors that are in Canada, let their stories be heard, the parents didn’t know why the kids were actually taken

Question 34

What is the function of public apology –

Answer 34

beginning, a way for future on their behavior, the government has apologized but they still haven’t paid but they had to get a reminder, actions don’t match up with the apology with public statement

Question 35

what is a ground in law

Answer 35

 A ground is a basis for legal relief.

 Not just any kind of reasons will get a plaintiff what he or she wants, he or she needs to have a ground for it.

Question 36

what ground under 1986 divroce act

Answer 36

 1. Fault based grounds – Cruelty and Adultery

 2. No Fault

Question 37

requirements for divorce

Answer 37

 S.3 of the 1985 Divorce Act established a residency requirement for an application for divorce. 30 days

Question 38

What are some boundries in family law

Answer 38

Setting Boundaries. It is part of good parenting to set and enforce reasonable boundaries. Boundaries help young people to develop self-control, to be part of our society, and to feel cared for and safe. They also help parents look after themselves and other family members.