EDUC 446 Chapter Notes - Chapter 1-5: Consanguinity, Noncustodial Parent, Parenting Plan
7 Sep 2016
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Private v public distinction: previously regarded as private minimal state intrusion as long as minimal rules were followed, spousal violence/child abuse not tolerated by law but tolerated in practice. But law had much to say about same sex practice, abortion. Critics law was private only when it suited ideological/patriarchal interests. Today most family free to raise child how every they like, family function freely. But child protection and criminal law come into play when family becomes dysfunctional, children are at risk due to increasing recognition for rights of women and children. Federal government - divorce act: constitution allows federal government to legislate in area of substantive divorce law (include corollary relief such as spousal payments, custody and access) Custody disputes basic principle is to do what is best for child rather than what parent wants. Distinguish between the divorce act of 1968 and the divorce act of 1986.
