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Lecture 9

LAW 201 Lecture 9: LAW201 Lecture 9 - March 14th, 2017

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LAW 201
Mary Jo Maur

140317 LAW201 Week 9 ParentingAfter Separation In This Lecture Context and Concepts Best Interests Domestic Violence Process Role of Children: AVoice But NotAChange Family Law Social Understanding social psychological understandings inform the role of law, lawyers judges many in the class have experienced family breakdown as children, or have relative or close friends who have experienced separation Concepts and Context: Custody,Access Shared Parenting Effects of Separation On Children Challenge of Separation for Parents stress of taking solo role while experiencing emotional, practical financial stress of separation many parents have difficulty communicating effectively with children about separation many parents can make plans for children without professional assistance parents must balance not drawing children into adult disputes while listening to their views Effects of Separation of Children (Hetherington Kelly, 2002) initial distress, especially if moves, lower incomes, new unstable stepparent relationships long term: on average, negative effects in terms of education, health, adult relationships, etc., compared to children from intact families majority do not have significant long term negative effects, but distressed memories decades later Federal DivorceAct Ontarios Childrens Law ReformAct (CLRA) Custody: right to make decisions about child Access: right to visit child and have information (ex. from schools) access as right of child an important theory, but problematic in practice because that sometimes means that parents have the right to access and visit the child, but that they also have the right to not do that Joint Custody Joint Legal Custody shared decision making, though one primary residence Joint Physical Custody roughly equal time with each parents (4060) and shared decision making (aka shared custody) Custody Includes Making Decisions About (most likely to involve disagreements) Medical treatments ex. whether child should be immunized or not Extra curricular activities Education decisions Social activits But even if one parent has custody, the other parent may make an application to have court determine incident of custody, ex. French schooling
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