Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 91 - 120 of 133

Full-Text Articles in Family Law

Consent, Coercion, And Shared Parenting: Ruffudeen-Coutts V Coutts, Susan B. Boyd Jan 2014

Consent, Coercion, And Shared Parenting: Ruffudeen-Coutts V Coutts, Susan B. Boyd

Canadian Journal of Family Law

No abstract provided.


Suppressing Damages In Involuntary Parenthood Actions: Contorting Tort Law, Denying Reproductive Freedom, And Discriminating Against Mothers, Bruce Feldthusen Jan 2014

Suppressing Damages In Involuntary Parenthood Actions: Contorting Tort Law, Denying Reproductive Freedom, And Discriminating Against Mothers, Bruce Feldthusen

Canadian Journal of Family Law

"Involuntary parenthood" actions are negligence actions, usually medical malpractice cases involving a failed sterilization, inadequate warning about the risks of pregnancy, or a failed abortion. In Canada, they will soon also involve product liability claims against negligent birth control manufacturers, providers and regulators. This article considers whether the parents' damages ought to include the cost of raising the child. No Canadian appellate court has ever ruled on this point, although it has been adjudicated extensively by the highest courts elsewhere in the common law world. At least 7 different rules limiting such recovery have been endorsed in the Canadian lower …


Establishing Canada's First Integrated Domestic Violence Court: Exploring Process, Outcomes, And Lessons Learned, Rachel Birnbaum, Nicholas Bala, Peter Jaffe Jan 2014

Establishing Canada's First Integrated Domestic Violence Court: Exploring Process, Outcomes, And Lessons Learned, Rachel Birnbaum, Nicholas Bala, Peter Jaffe

Canadian Journal of Family Law

The establishment of domestic violence courts has resulted in significant improvements in responses to family violence, but these courts have generally dealt only with criminal cases and do not address the risks that the victim and children may face in family proceedings. In some locations in the USA, courts have been established to deal with both criminal and family proceedings that arise from a domestic violence situation. This paper describes and analyzes the establishment of the first court in Canada that hears both criminal and family cases concerning families where there are domestic violence issues. The authors report on a …


Rethinking Canadian Legal Approaches To Frozen Embryo Disputes, Stefanie Carsley Jan 2014

Rethinking Canadian Legal Approaches To Frozen Embryo Disputes, Stefanie Carsley

Canadian Journal of Family Law

This article examines and critiques Canadian legal responses to disputes over frozen in vitro embryos. It argues that current laws that provide spouses or partners with joint control over the use and disposition of embryos created from their genetic materials and that mandate the creation of agreements setting out these parties' intentions in the event of a disagreement or divorce overlook the experiences of women who undergo in vitro fertilization treatment. It also maintains that these laws do not accord with how Canadian law and public policy has responded to similar conflicts between spouses, or to agreements that seek to …


A Relational Model Of Family Lawyering: Exploring The Potential For Education, Practice, And Research, Jill Howieson, Lynn Priddis Jan 2014

A Relational Model Of Family Lawyering: Exploring The Potential For Education, Practice, And Research, Jill Howieson, Lynn Priddis

Canadian Journal of Family Law

This article responds to what seems to be a "hot" millennium topic in the family law environment—namely the nature of the relationship between the family lawyer and the client. It proposes a model of family lawyering that puts the relationship with the client explicitly in the foreground of the process and suggests a research regime that could investigate the merits of the model. The authors refer to the model as a "relational model of family lawyering." The model involves family lawyers working within a partnering framework that incorporates attention to the relational aspects of the process, and in particular, to …


Protecting Survivors Of Domestic Violence Within The Insurance Regime: Opportunities To Seek Termination Or Variation Of Insurance Contracts, Elizabeth Adjin-Tettey Jan 2014

Protecting Survivors Of Domestic Violence Within The Insurance Regime: Opportunities To Seek Termination Or Variation Of Insurance Contracts, Elizabeth Adjin-Tettey

Canadian Journal of Family Law

A person whose life is insured under a life insurance contract for the benefit of another person does not have a contractual or common law right to terminate or otherwise affect the terms of the contract. As well, such contracts remain valid even after termination of the relationship that provided an insurable interest at the commencement of the contract. The existence of a life insurance contract might provide an incentive for the policy owner/beneficiary to cause harm to the insured person in order to collect the insurance money. Recovery of the insurance money is precluded on grounds of public policy …


Translating Religious Principles Into German Law: Boundaries And Contradictions, Pascale Fournier, Régine Tremblay Jan 2014

Translating Religious Principles Into German Law: Boundaries And Contradictions, Pascale Fournier, Régine Tremblay

All Faculty Publications

First we present the basic rules of Islamic and Jewish law and the German state law that regulates them. Next we contend that the boundaries for shaping and applying religious norms are blurry. We argue that the conflicting outcomes might be explained by boundless discretion and informality in the religious adjudication process, but that this structure is not foreign to so-called secular family law. Thus, if the project of recognizing religious principles when it comes to family law is to be maintained, it must take stock of the conceptual and practical conflicts that inhere to the sphere of family law, …


Registering Relationships, Erez Aloni Jan 2013

Registering Relationships, Erez Aloni

All Faculty Publications

Despite the dramatic changes in family structure in the past decades — including the unprecedented and skyrocketing number of families who live in non-marital arrangements — marriage and marriage-mimic institutions remain the only legal options for the recognition of relationships. This regulatory regime leaves millions of Americans without the means to establish and protect relationship rights. The article suggests that the legal issues arising from non-marital relationships would be best addressed if more options for legal recognition of such relationships were offered. Accordingly, this article presents the primary principles of a registration-based marriage alternative, founded on contract: “registered contractual relationships.” …


Mère, Régine Tremblay Jan 2012

Mère, Régine Tremblay

All Faculty Publications

Qu'est-ce qu'une mère en droit? Cette entrée encyclopédique explore de manière critique et transsystémique la notion de mère en droit, à la lumière des deux grandes traditions juridiques canadiennes.


Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink Jan 2012

Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink

All Faculty Publications

In jurisdictions that recognize same-sex marriages and unions, the question arises as to the extent to which civic officials who normally preside at such unions can refuse such participation for religious reasons. This paper examines this issue in the context of four jurisdictions: Scotland, Canada, the Netherlands and South Africa. What is striking is how different is the process of reaching a resolution in each jurisdiction, though the actual result might be the same. This difference arises because of the jurisdiction-specific reasons why same-sex marriages and unions are recognized, how they are recognized, the status of the officers who preside …


Book Review: Families And The Law: Cases And Commentary By Mary Jane Mossman, Susan Boyd Jan 2012

Book Review: Families And The Law: Cases And Commentary By Mary Jane Mossman, Susan Boyd

Canadian Journal of Family Law

No abstract provided.


Elder Exploitation Through Predatory Marriage, Dorota Miler Jan 2012

Elder Exploitation Through Predatory Marriage, Dorota Miler

Canadian Journal of Family Law

The paper exposes a pattern of exploitation wherein financially motivated caregivers manipulate elders into marrying them to access and, subsequently, to inherit their estate. The article presents, analyzes and defines a case of predatory marriage. Further, it critically considers suggestions proposed by Canadian scholars and provides an alternative remedy, developed through comparative study of Canadian, Californian and German law. Through the paper, the author intends to inspire further, fruitful debate.


Autonomous Motherhood And The Law: Exploring The Narratives Of Canada’S Single Mothers By Choice, Fiona Kelly Jan 2012

Autonomous Motherhood And The Law: Exploring The Narratives Of Canada’S Single Mothers By Choice, Fiona Kelly

Canadian Journal of Family Law

In the past three decades, single mothers by choice (SMCs) have emerged as a new and rapidly growing component of Canada's single mother population. SMCs are women who choose to have a child, usually via some form of assisted conception, with the intention that they be their child's sole parent. While SMCs are part of an increasing number of non-normative family configurations in Canada, they pose some unique social and legal questions. However, unlike some other non-normative families, such as lesbian and gay families, SMCs have received very little academic attention and almost none pertaining to the role of law …


Book Review: Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage By Nicola Barker, Gillian Calder Jan 2012

Book Review: Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage By Nicola Barker, Gillian Calder

Canadian Journal of Family Law

No abstract provided.


Introduction To Schreyer V Schreyer Jan 2011

Introduction To Schreyer V Schreyer

Canadian Journal of Family Law

No abstract provided.


Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra Jan 2011

Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra

Canadian Journal of Family Law

No abstract provided.


"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet Jan 2011

"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet

Canadian Journal of Family Law

Since its emergence in the 1990s, the Internet has been celebrated as a tool for connecting people from all corners of the globe. Electronic communication tools, such as the Internet, now have a significant role in daily life, particularly with young people. While the legal field traditionally lags behind in integrating technological advancements into practice, these developments are increasingly, albeit somewhat slowly, being incorporated in family law disputes. Courts are now considering the use of virtual visitation to facilitate access between noncustodial parents and their children, particularly in contested relocation cases. This paper will examine the use of virtual visitation …


Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan Jan 2011

Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan

Canadian Journal of Family Law

No abstract provided.


Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single Jan 2011

Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single

Canadian Journal of Family Law

Thirty-eight mothers in Australia who wanted to move with their children were interviewed about their reasons for wanting to relocate. Forty men, all of whom opposed the mother's move, were also interviewed about what they perceived the mother's reasons were. There were nine former couples in the study. Most women had more than one reason for wanting to relocate, and there were quite often disparate reasons. Women's reasons mainly focused on relationships with family or potential new partners. Conversely, men were more likely to perceive the real reasons as being related to financial issues, jobs, and lifestyle. The article explores …


“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi Jan 2011

“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi

Canadian Journal of Family Law

In recent years, the number of nations which have banned the anonymous character of gamete donations has increased, including nations that once strongly supported such a position. This shift in national legislative policy worldwide has aided a growing recognition of the right to know one's origins in international law and gives a wider effect to this fundamental right. In Canada, while there has been discussion about the importance of the right to know one's biological origins, this right has not been universally guaranteed through legislation, either to adoptees or to the donor-conceived. This article refers mostly to Québec legislation, but …


Schreyer V Schreyer: Should British Columbia Care?, Mark R. Slay Jan 2011

Schreyer V Schreyer: Should British Columbia Care?, Mark R. Slay

Canadian Journal of Family Law

No abstract provided.


Introducing The Next Class Of Bastard: An Assessment Of The Definitional Implications Of The Succession Law Reform Act For After-Born Children, Courtney Retter Jan 2011

Introducing The Next Class Of Bastard: An Assessment Of The Definitional Implications Of The Succession Law Reform Act For After-Born Children, Courtney Retter

Canadian Journal of Family Law

After-born children are anachronistic aberrations. Defying any commonsense notion of procreation, an after-born child is conceived after the death of its parent. While a remarkable feat for reproductive medical science, posthumously conceived children push the boundaries of existing laws, creating problems previous generations of lawmakers did not need to consider. This article examines the challenges posed by after-born children in the area of intestate succession law. More specifically, using the province of Ontario as a case study, this article argues that the definitions of "child" and "issue" in the Succession Law Reform Act ["SLRA"] subject after-born children to …


Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert Jan 2011

Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert

Canadian Journal of Family Law

No abstract provided.


Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood Jan 2011

Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood

Canadian Journal of Family Law

No abstract provided.


Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni Jan 2011

Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni

All Faculty Publications

While fertile, opposite-sex couples can have children who carry a mix of their genes without involving third parties in the reproductive process, this option is not available to the majority of the LGBTI community. If this were simply a biological fact, it would not raise any equal protection or other constitutional issues. However, emerging technologies in the field of reproductive cloning may offer the LGBTI community the chance to have genetically related children - possibly even with a mix of both partners’ genes. As such, bans on federally funding research that would help to refine and ensure the safety and …


Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort Jan 2010

Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort

Canadian Journal of Family Law

This is the first legal study in Canada on same-sex adoption law, adoption administrative practice, and the social realities of parenting as experienced specifically by same-sex male couples. This paper identifies a gap in existing legal literature and jurisprudence with respect to the adoption narratives of same-sex male couples. Next, focusing on the province of Québec, it offers insight into how legal rules and social expectations construct families headed by such couples. It also highlights how, post-adoption, same-sex male couples conceive of their own families in a legal and social environment that continues to privilege heterosexual family models. Contradictorily, by …


Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers Jan 2010

Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers

Canadian Journal of Family Law

Overwhelmingly, Canadian-born children relinquished for newborn adoption have been born to unmarried mothers. Under provincial adoption acts, in cases of "illegitimacy" only the mother's consent was necessary for a child to be eligible for adoption. Since adoption statutes were introduced, however, the distinctions between those born within and outside of marriage have been eliminated at law. Provincial legislation now recognizes a wide range of unmarried men as fathers, lists circumstances under which paternity will be presumed and provides for the use of genetic testing. But this raises significant questions in the context of newborn adoption. Whose consent is required to …


One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson Jan 2010

One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson

Canadian Journal of Family Law

Understanding the differences between family cases and other types of litigation is essential for an appropriate response to family disputes. Judges have a role in family cases that markedly differs from the traditional judicial role. The authors argue that an effective and accessible family justice system requires pre-trial and post-trial case management by a single judge, an approach to family justice reflected in the slogan: "One judge for one family." Judges should have the necessary knowledge, skills, and training needed to resolve family disputes and to help effect changes in parental behaviours and attitudes, as well as the willingness to …


Front Matter Jan 2010

Front Matter

Canadian Journal of Family Law

No abstract provided.


Introduction To "Rethinking Assisted Conception", Fiona Kelly Jan 2010

Introduction To "Rethinking Assisted Conception", Fiona Kelly

Canadian Journal of Family Law

No abstract provided.