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Full-Text Articles in Law
Book Review: Petra Nordqvist And Carol Smart, Relative Strangers: Family Life, Genes And Donor Conception, Machteld Vonk
Book Review: Petra Nordqvist And Carol Smart, Relative Strangers: Family Life, Genes And Donor Conception, Machteld Vonk
Canadian Journal of Family Law
No abstract provided.
Relational Theory And Choice Rhetoric In The Supreme Court Of Canada, Lucy-Ann Buckley
Relational Theory And Choice Rhetoric In The Supreme Court Of Canada, Lucy-Ann Buckley
Canadian Journal of Family Law
The issue of personal choice has become central to Canadian family law. Much of the debate derives from the competing models of autonomy posited by neoliberal and feminist theorists. Neoliberalism, which currently dominates Canadian public discourse, views individuals as atomistic agents who can and should make "responsible" choices. However, feminists have highlighted the effects of structural barriers and social context on personal decision-making, particularly for women, and have advanced alternative relational autonomy models. These models are particularly appropriate to family law, but their application to family financial ordering has not been widely considered. This article discusses the practical significance of …
"Race Is Not A Determinative Factor": Mixed Race Children And Custody Cases In Canada, Susan B. Boyd, Krisha Dhaliwal
"Race Is Not A Determinative Factor": Mixed Race Children And Custody Cases In Canada, Susan B. Boyd, Krisha Dhaliwal
Canadian Journal of Family Law
Statistics suggest that an increase will occur in the number of custody disputes involving mixed race children in Canada. This article considers the extent to which the fact that a child is mixed race factors into child custody determinations, and how courts consider it. It also discusses whether considering a child's mixed race heritage is helpful in the child-custody context. The article first explains the use of "race" and "culture" in the Canadian context, then reviews the literature on mixed race children and the law, before examining legislation on the "best interests of the child." The focus of the paper …
Who Is Family: Cohabitation, Marriage, And The Redefinition Of Family, Andrew Morrison
Who Is Family: Cohabitation, Marriage, And The Redefinition Of Family, Andrew Morrison
Canadian Journal of Family Law
The emergence of cohabitation as an alternative to the traditional form of the family has left the need for legislative reform. Currently, cohabitants must resort to equitable claims as they do not have access to the property sharing regime designated for married spouses. The definition of "family" requires reformulation to include cohabitation. This reformulation must then be reflected in Ontario's Family Law Act through the adoption of an opt-out regime. This reform appropriately balances the values of autonomy and equality and creates certainty, predictability, and consistency in the law of Ontario. This paper addresses the possibility of reform through the …