Textbook Questions Flashcards
Division of property
Governed by provincial legislation Includes:- property brought into the marriage- matrimonial home- business assets Can be divided through mediation, arbitration, or court application
No authoritative definition of access may range from: - only provision of information about the child - to periodic visitation with the child - to the child residing with the access parent for long periods of time during which the access parent may have nearly full authority over the life of the child and as such may be indistinguishable from a custodial parent
Access to children
Best interest of the child
- safety of the child - opportunity to be a wanted member of a family - child’s mental, emotional, physical, and educational needs and development - child’s sense of continuity and need for permanency with the least possible disruption - child’s cultural, linguistic, racial, and religious heritage views and preferences of the child - effect of any delay in the final disposition
Outcomes of child welfare proceedings
1) Dismissal or withdrawal- insufficient evidence or new evidence that child is not at risk 2) Supervision Order- court may impose conditions 3) Temporary or Society Wardship- legal guardianship is with child welfare 4) Permanent or Crown Wardship- last resort, child can be adopted
Factors to be considered: - emotional ties between the child and the parent claiming custody - the length of time the child has lived in a stable home - plans for the care and upbringing of the child - views and preferences of the child Note that most family law legislation in Canada stipulates that the conduct of a party is only relevant insofar as it affects parenting ability
Best interest of the child
Process of International Adoption
- Intake Information: Acquire information from private adoption firm specializing in international adoption - Application Dossier: Complete dossier information Send to agency for translation, notarizing and authentification Send to child’s country - Homestudy: Contract for private homestudy - Canadian Immigration: Complete sponsorship application - Offer of Child: Receive offer and medical report from child’s country Send written acceptance Receive notice to travel - Receive Child: Travel to country to receive child Finalize adoption papers - Follow up Post-placement supervision visits with adoption social worker Obtain birth certificate and adoption order from Provincial Court
1) Public Law:- governs relationship between individuals and society - includes criminal law, constitutional law, and administrative law 2) Private Law or Civil Law:- governs relationships between individuals - includes family law, contract law, and tort law
Types of Law
Governed by provincial legislation Includes:- property brought into the marriage- matrimonial home- business assets Can be divided through mediation, arbitration, or court application
Division of property
Aboriginal Family Law: Child Custody and Support
- Importance of preserving the child’s cultural identity and link to the Aboriginal community is one factor to be considered in determining the custody and access arrangements that are in the best interests of the child - Federal Child Support Guidelines: when calculating the income of a spouse, the courts may impute income as appropriate under the circumstances, including if the paying spouse is exempt from paying federal and provincial income tax
Physical disapline
- Criminal Code of Canada Section 43 states:‘Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care if the force does not exceed what is reasonable under the circumstances.’ - Upheld by Supreme Court in 2004- limitations include hitting children with objects or on the head, hitting children under the age of 2 or over the age of 13, and hitting children with disabilities
1) International Human Rights Law- e.g. Universal Declaration of Human Rights (1948) 2) Canadian Charter of Rights and Freedoms- Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability 3) Human Rights Statutes
Sources of discrimination
Custom adoptions of Aboriginal children
- Takes place within Aboriginal communities following traditional law - Arrangements may be fluid or temporary - Children often will have continuing contact with birth parents - Adoption agreements may continue to involve the birth parent and may vary in the degree to which parental rights and responsibilities are distributed
Age- over the age of 7! Sexual orientation- Civil Marriage Act, 28 June 2005 Relationship- too close by blood or marriage Monogamy Ability to consummate
Who can get married
Sources of discrimination
1) International Human Rights Law- e.g. Universal Declaration of Human Rights (1948) 2) Canadian Charter of Rights and Freedoms- Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability 3) Human Rights Statutes
Open vs. Closed Adoptions
The level of contact between adopted children and their biological families - Confidential or closed adoptions: - identifying information is not shared- no contact between adopted children and their birth families- now rare in Canada due to changed legislation - Open adoptions: - information is shared and contact is established- frequency and type of contact is highly variable
Where discrimination is prohibited
Employment Services and facilities Accommodation Contracts
Child support
Federal child support guidelines - according to the paying parent’s annual income - the number of children in the family - based on studies conducted of the average costs of raising children Must be provided for children under the age of majority as determined by the province of ordinary residence
- Defined by provincial statute - Ranges from cohabitation in a relationship of some permanence of parents of a child to cohabitation for not less than three years - Courts and legislatures have begun to extend property rights, support obligations, and statutorily defined benefits to cohabiters - In most jurisdictions the concept of illegitimacy with respect to children has been abolished
Common Law Marriage
Types of Discrimination
1) Direct discrimination:- a rule, practice, preference, or restriction makes a distinction that is based on a group stereotype 2) Adverse-effect discrimination:- a rule or standard which is on its face neutral, and which will apply equally to all people, but which has a discriminatory effect on one group 3) Systemic discrimination:- results from the application of established practices and policies that have a negative impact on a particular group 4) Harassment
Collaborative family law
- Dispute-resolution process - Only the parties and their lawyers commit themselves to reaching a negotiated outcome (no neutral mediator) - Cardinal rule: parties agree that litigation will not be commenced during the course of the negotiation and if they are unable to resolve the dispute the lawyers must withdraw from representing their clients in any subsequent litigation
When is a child at risk (and needs to be reported)?
- Child abuse: violence, mistreatment, or neglect a child or adolescent may experience while in the care of someone they trust or on whom they depend - Includes physical abuse, sexual abuse and exploitation, neglect, and emotional abuse
1) Delegated agencies: - have authority to provide a full range of family support and guardianship services- common model on reserves 2) Other agencies: - are not legally delegated to investigate abuse and provide protection services- work in a voluntary capacity - primarily in urban centres
Types of Aboriginal Agencies
- Safeguards for ensuring adoptions are conducted in a manner that reflects the best interest of the child and the child’s fundamental rights - Ensure the rights of adopting parents and protect them from those who seek improper financial gain - Protect birth parents from exploitation and undue pressure - Protect children from abduction, sale, and trafficking
Hague Convention on Protection of Children and Co-operation in Respect to Intercountry Adoption
- Dispute-resolution process - Only the parties and their lawyers commit themselves to reaching a negotiated outcome (no neutral mediator) - Cardinal rule: parties agree that litigation will not be commenced during the course of the negotiation and if they are unable to resolve the dispute the lawyers must withdraw from representing their clients in any subsequent litigation
Collaborative family law
Types of mediation
- Closed mediation:- mediator will prepare a report on the settlement agreement or states that no settlement was reached - anything said in the course of a closed mediation is not admissible as evidence in any proceeding without the consent of both parties - Open mediation:- the mediator’s report may include anything that the mediator considers relevant and anything said in the mediation may be admitted as evidence in proceedings regardless of whether the parties consent
Consent to marriage
1) Understanding- capacity (including incapacity due to alcohol/drugs) 2) Duress- fear 3) Mistake or Fraud- fraudulent identity- lack of knowledge of law or custom
- A distinction whether intentional or not Based on grounds relating to personal characteristics of the individual or group - Has the effect of imposing burdens, obligations, or disadvantages not imposed upon others - Or withholds or limits access to opportunities, benefits, and advantages available to other members of society
Definition of Discrimination
Marriage is not just a social contract: - It is a status that is conferred by the state - The law of marriage governs the creation and dissolution of marriages and attaches certain legal rights and obligations to marriage - There are both federal and provincial laws that govern marriage
Define Marriage
Race, Colour, and Place of Origin Religion and Creed Sex Age Disability Marital and Family Status Sexual Orientation Social Condition Criminal Record
Prohibited grounds for discrimination
1) It is important for social workers to have a solid working knowledge of the legal system and Canadian laws in order to assist their clients, comply with the law, and participate in the Canadian legal system 2) Human rights law, family law, child protection, adoption, consent and capacity, mental illness, youth criminal justice, victims of violence, immigrants and refugees, social workers in the courts, and liability for social workers are all areas of law relevant to social work practice in Canada
Law for Social Work practice in Canada
- Throughout Canada, legislation imposes the responsibility on individuals to report suspected child abuse or neglect perpetrated by parent, caregiver, or guardian - This duty supersedes the ethical and legal obligation to maintain confidentiality - Duty cannot be delegated to another person
Reporting child abuse
Harassment Defintions
1) Quid pro quo: - a benefit is contingent upon participation in an activity 2) Hostile environment: - an individual is required to endure to continue working in the place of employment, to continue residing in the place of accommodation- jokes, pictures, etc.
Definition of Discrimination
- A distinction whether intentional or not Based on grounds relating to personal characteristics of the individual or group - Has the effect of imposing burdens, obligations, or disadvantages not imposed upon others - Or withholds or limits access to opportunities, benefits, and advantages available to other members of society
Domestic Contracts
- Marriage contracts: - parties who are already married or about to be married - may address any issue that might arise during the course of the marriage or on the breakdown of the marriage- except custody/access and limitations on a spouse’s rights regarding the matrimonial home - Separation agreements: - following relationship breakdown- may deal with any and all matters that are relevant to the settlement of their affairs
Who can adopt in Canada
- Over the age of majority - Resident of the province - Same-sex or heterosexual couples - Single or married
Canadian Constitution
Divides legislative and judicial powers 1) Federal Government:- trade, entry of persons into Canada, national defence, and criminal 2) Provincial/Territorial Government:- education, property, civil rights, and hospitals 3) Municipal/local Government:- smoking, pesticide use, parking, and construction
