Families and the Law, Second Edition
Cases and Commentary

Mary Jane Mossman, Natasha Bakht, Vanessa Gruben, & Karen Pearlston   

Captus Press, ISBN 978-1-55322-333-7 (2015)
1022 pages, 1430 g, 7 X 10, $95.50 (US$76.50)
 

Significantly revised and completely updated (to 31 March 2015), the second edition of Families and the Law continues to offer readers an in-depth discussion of issues in family law within a socio-legal context. It examines legal regulation of families and family members in three main contexts: the formation of families (through relationships of marriage or cohabitation, or the creation of parent–child relationships), legal intervention in intact families (including responsibilities for care and protection of children, domestic violence and elder abuse), and the dissolution of families at divorce or separation (including issues about family law bargaining and other forms of dispute resolution, and legal issues concerning property sharing, ongoing custody and care of children, and spousal and child support). Throughout the book, there are references to critical, comparative, and interdisciplinary literature about family law, opportunities for applying principles and engaging in problem solving, and questions and commentary about the need for legal and social change in relation to family law issues.

 

For all who study family law in Canada, this book is an invaluable resource — providing a highly comprehensive treatment of “families” and “law,” as well as an informed and critical context for understanding both the history and more contemporary and future challenges for such relationships.

 

A class-tested, carefully-considered collection of cases and commentary, Families and the Law is a stimulating learning resource, perfect as a primary or secondary text for courses on family law, legal studies, and law and society programs, and an invaluable resource for all who study family law in Canada.

Table of Contents   top

(Abridged)

Preface to the Second Edition

Preface to First Captus Edition

Copyright Acknowledgment

 

Families and Family Law: An Introduction to This Book

 

Chapter 1 Families and Family Law: Contexts and Themes

I.    INTRODUCING FAMILIES AND FAMILY LAW

II.   “FAMILIES” IN CONTEXT

III.  “FAMILIES,” FAMILY RELATIONSHIPS, AND THE LAW

IV.  THEMES IN FAMILY LAW: AN INTRODUCTION

 

PART 1

LEGAL REGULATION OF FAMILY FORMATION

 

Chapter 2 Forming Families: Marriage in the Context of Cohabitation

I.    MARRIAGE: TRADITION VERSUS CHANGE?

II.   MARRIAGE IN THE CONTEXT OF COHABITATION

III.  THE LEGAL CONTEXT FOR DEFINING THE VALIDITY OF MARRIAGE: THE LAW OF ANNULMENT  AND THE CONSTITUTIONAL DIVISION OF POWERS

IV.  PRINCIPLES OF THE VALIDITY OF MARRIAGE

V.   MARRIAGE AND THE NEED FOR LAW REFORM?

 

Chapter 3 Forming Families: Parent–Child Relationships

I.    FAMILIES AND CHILDREN

II.   BIOLOGICAL REPRODUCTION: “MOTHERS” AND “FATHERS”

III.  ADOPTION: BIOLOGICAL PARENTS, ADOPTIVE PARENTS, AND CHILDREN

IV.  ASSISTED REPRODUCTION AND PARENTHOOD: NEW QUESTIONS FOR FAMILY LAW?

 

PART 2

LEGAL REGULATION OF “INTACT” FAMILIES: CARE AND PROTECTION

 

Chapter 4 Families in the Shadow of the State: Responsibilities for Care and Protection

I.    “PRIVATE” FAMILIES AND LEGAL POLICIES OF CARE AND PROTECTION

II.   FAMILIES AND THE STATE: (FAMILY) RESPONSIBILITIES FOR CHILD CARE

III.  CHILDREN “IN NEED OF PROTECTION”: RESPONSIBILITIES FOR FAMILIES AND THE STATE

IV.  ABUSE AND VIOLENCE IN INTIMATE RELATIONSHIPS: RESPONSIBILITIES FOR FAMILIES AND THE STATE

V.   PROTECTION FOR VULNERABLE ELDERS: RESPONSIBILITIES OF FAMILIES AND THE STATE

VI.  A FINAL COMMENT: FAMILIES AND LEGAL INTERVENTION

 

PART 3

LEGAL REGULATION OF FAMILY DISSOLUTION

 

Chapter 5 Family Dissolution: Principles and Processes

I.    THE CONTEXT FOR FAMILY DISSOLUTION

II.    THE LEGAL REGIME FOR DIVORCE

III.   “NO FAULT” GROUNDS FOR DIVORCE AND BARS TO DIVORCE

IV.  THE ECONOMIC CONSEQUENCES OF DIVORCE AND SEPARATION

V.   FAMILY DISSOLUTION: LEGAL PROCESSES

VI.  FAMILY BARGAINING AT SEPARATION OR DIVORCE: EXPLORING THE ISSUES

 

Chapter 6 Families, Property, and Family Property: Principles of Equality and Equity

I.    THE LEGAL AND SOCIAL CONTEXT OF FAMILY PROPERTY

II.   DEFINING A “SPOUSE” FOR FAMILY PROPERTY: THE SIGNIFICANCE OF MARRIAGE OR COHABITATION

III.  LEGISLATIVE REGIMES FOR PROPERTY SHARING AT MARRIAGE BREAKDOWN: PRINCIPLES OF

EQUALITY

IV.  THE PROCESS OF EQUALIZATION IN ONTARIO

V.   PART II OF THE FLA AND POSSESSORY RIGHTS IN THE MATRIMONIAL HOME

VI.  COHABITING COUPLES: EQUITY AND THE USE OF TRUST DOCTRINES

 

Chapter 7 Spousal Support, Compensation and Dependency: Legislative Goals, Court Orders and Private Agreements

I.    ECONOMIC ADJUSTMENT POST-SEPARATION: CONTEXTS AND RESPONSIBILITIES

II.   DEFINING A “SPOUSE” FOR PURPOSES OF SPOUSAL SUPPORT

III.  PRINCIPLES OF SPOUSAL SUPPORT: THE LEGISLATIVE CONTEXT

IV.  PRINCIPLES OF SPOUSAL SUPPORT: JUDICIAL VIEWS OF THE 1985 DIVORCE ACT

V.   RETHINKING PELECH AND THE ROLE OF FAMILY AGREEMENTS

VI.  A REFORM INITIATIVE: SPOUSAL SUPPORT ADVISORY GUIDELINES (SSAGS)

VII. REFLECTING AGAIN ON THE POLICY CONTEXT OF FAMILY SUPPORT

 

Chapter 8 Children and Family Dissolution: Rights, Relationships, and Economic Support

I.    FAMILY DISSOLUTION: THE CONTEXT FOR CHILDREN

II.   CUSTODY AND CARE: PERSPECTIVES AND POLICIES ABOUT CHILDREN AT FAMILY DISSOLUTION

III.  CUSTODY AND CARE: DECISION MAKING ABOUT CHILDREN AND THEIR “BEST INTERESTS”

IV.  CUSTODY AND CARE: PROCESSES FOR DECISION MAKING AND LEGAL ARRANGEMENTS

V.   CHILD SUPPORT: “PUBLIC” AND “PRIVATE” RESPONSIBILITIES?

VI.  CHILD SUPPORT: DEFINING PARENT–CHILD RELATIONSHIPS

VII. CHILD SUPPORT: THE CHILD SUPPORT GUIDELINES

VIII. CHILD SUPPORT: THE NEED FOR REFORM?

 

EPILOGUE: Families and the Need for Law

Case Index

Instructor Resources   top

  • Reading Guides which include brief overviews of each chapter
  • Updated cases
  • Updated material
  • Questions and problems

Related Resources   top

About the Author   top