Topic 9 Flashcards
What is the definition of family?
Family is defined as relations of birth and affinity. It is considered the fundamental building block of society.
Is the definition of ‘family’ objective?
No, the notion of ‘family’ is a highly subjective term and has been highly politicized.
What are some examples of how the family has changed?
Some changes to the family include changes to the structure of the family, changes to household wage earnings, an increase in common law partnerships, legalization of same-sex marriage, new reproductive technologies, and an increase in the divorce rate.
What does family law include
Family law relates to the family and ‘domestic relations’. It includes law related to legal unions (marriages, partnerships), cohabitation, shared property, parenting, adoption, separation and divorce, division of assets, child custody and support, etc.
What is the jurisdiction of family law in Canada?
In Canada, jurisdiction over family law is divided between the federal and provincial governments.
What is a characteristic of family law cases in the judicial system?
Family law cases account for a disproportionate amount of time in the judicial system.
What element does family law introduce?
Family law introduces a contractual element.
How has family law changed over time?
Family law has changed more than any other area of law in the last 50 years.
What are some specific changes to family law?
Some changes in family law correspond with changes in the family, such as grounds for divorce (no-fault divorce), same-sex marriage, child marriage laws, etc. Family law has also grown significantly, with alternative dispute resolution a growing trend.
What are two important cases in family law?
Two important cases in Canadian family law are M. v. H. (1999) and Civil Marriage Act (2005).
What is the definition of divorce?
Divorce is a petition under federal jurisdiction for a dissolution of a marriage.
When did divorce rates rise in Canada and why?
Divorce rates rose in Canada during the 1960s and 1970s due to a number of factors.
What was the Divorce Act of 1968?
The Divorce Act of 1968 was the first federal statute in Canada that provided grounds for petition primarily based on the notion of fault (sections 3 and 4) and required 3-5 years of separation for no-fault divorce (section 4).
What is an important case related to the Divorce Act of 1968?
An important case relating to the Divorce Act of 1968 is Knoll v. Knoll (1970). Due to interpretation of the act’s provisions regarding fault based divorce
What are the key elements of the Divorce Act of 1985?
The Divorce Act of 1985 still required fault, but allowed for no-fault divorce after one year of separation (section 8). Important legal factors in this Act include spousal support (sections 15 and 17) and child support (section 16).
