POL3126 Lecture 5: January 27th, 2017- The family, Law and Public Policy – Chapter 8

5 Pages
99 Views

Department
Political Science
Course Code
POL3126
Professor
Miriam Levitt

This preview shows pages 1-2. Sign up to view the full 5 pages of the document.
January 27th, 2017: The family, Law and Public Policy Chapter 8
Three policy areas
1. Divorce and support
- Divorce rates are half in Canada than in the US, and has declined since 1987
- If you lived in NL or QB you couldn’t get divorced under Provincial law, and had to
appeal to the federal senate to dissolve the married
o Only grounds were for adultery or matrimonial cruelty
2. Child Custody
3. Family Violence
1968: National Divorce act
- First divorce act was created
o Easier to obtain
o Many issues beyond adultery and matrimonial cruelty brought to court
1985
- Federal government amended divorce act to a no fault system
o Allowed divorces to be claimed over the breakdown of relationships
o No need to prove spouse’s actions
Evolution in divorce policy in the 2000s
- Guidelines for courts and lawyers to refer during negotiations and rulings on spousal
support awards
- Guidelines based on incoming sharing and narrowing the disparities in income
- Calculation based on length of marriage and dependant children
Feminist perspective
- In 1967L the act was removed and replaced with the equality of Support rights and
obligations
o Court made it so spouse would not dependent for life, rather until there self
sufficient
o Equal division of assets after marriage
- Feminist argues that women and men are treated differently and the division of
assets should not be based of equal division and rather take account of the differing
economic positions
Norm
- Traditional norms of the male breadwinner and the female being the second income
can leave the female in a disadvantage after the divorce
o This is a structural norm they face and has be influenced into the legal system
Judicial system: acknowledges that the barriers to equality that women face are structural and
come as a result of past adherence to traditional gender norms
Child support
- Court favours child support over spousal support
- 95% of court orders for child support were for the child in custody of the mother
2009-2010
- Parents who don’t pay child support are punished heavily
Support payments
- Government passed the Family responsibility and support arrears enforcement act of
1996
o Suspends bank accoutns
find more resources at oneclass.com
find more resources at oneclass.com
January 27th, 2017: The family, Law and Public Policy Chapter 8
o Inability to leave country
o Licence suspension
o Informing employers of such
o Incarceration
Child custody: Key terms
Custody: Rewarding decision making ability with major subjects affecting their child
(education, healthcare, religion)
Legal Custody: Both parents are given authority over major subjects pertaining to welfare
Physical Custody: Where child resides majority of the time
Joint Legal Custody: Both parents are given authority over major decisions affecting their child
Joint Physical Custody: The child lives part time with one parent on rotation
Custodial Parent: Parent who is given physical or legal custody of the child by court order
women are less financially stable based upon to pay gap, so therefore they might not have access
to all the resources that men do for custody
Child care timeline
1. 19th century: children were seen as fathers property therefore paternal custody was
granted- this was a norm
2. Mid 19th century: Britain: mothers were allowed the right to petition for custody of
young children provided that they had not committed adultery- however paternal
preference was still the norm
3. Beginning of the 20th century: norm shifted from paternal to maternal preference
4. 1970’s challenges arise: fathers rights advocacy groups- fathers were no longer seen as
providers and disciplinarians, but also participants of childbirth and in the nurturance and
the physical care of the children - therefore, they should be allowed to play a role in
parenting even if the marriage breaks down
- Father’s advocacy groups began the discussion of women having an unfair advantage
in custody determinations based upon gender roles and discrimination
5. 1986 Divorce Act- 16(8): The concept of “Best Interest” of the child was introduced,
however, the overall decision for custody remained to judicial discretion as to who can
provide the necessities of life
- best interests of the child, courts to determine each parent’s parenting skills and
compare the environments each parent can provide provincially based
Who can best provide the necessities of life determining best interests of the child: courts favour
a. preservation of the status quo if a child is already in a stable home environment
b. granting custody to the mother if she was the primary caregiver during the marriage
c. keeping siblings together
other factors: patterns of past care and responsibility- primary caregiving, the type of
relationship each parent has with a child, whether there have been patterns of domination,
climate of coercion and fear between the adults and children- whether the parents have
elected a shared arrangement- degree of geographical proximity between parental residences-
ability to communicate- confidence in other parent’s parenting competence and the impact of
proposed arrangements on a caregivers ability to be emotionally available and attentive to the
child's needs
find more resources at oneclass.com
find more resources at oneclass.com

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
find more resources at oneclass.com January 27 , 2017: The family, Law and Public Policy – Chapter 8 Three policy areas 1. Divorce and support - Divorce rates are half in Canada than in the US, and has declined since 1987 - If you lived in NL or QB you couldn’t get divorced under Provincial law, and had to appeal to the federal senate to dissolve the married o Only grounds were for adultery or matrimonial cruelty 2. Child Custody 3. Family Violence 1968: National Divorce act - First divorce act was created o Easier to obtain o Many issues beyond adultery and matrimonial cruelty brought to court 1985 - Federal government amended divorce act to a no fault system o Allowed divorces to be claimed over the breakdown of relationships o No need to prove spouse’s actions Evolution in divorce policy in the 2000s - Guidelines for courts and lawyers to refer during negotiations and rulings on spousal support awards - Guidelines based on incoming sharing and narrowing the disparities in income - Calculation based on length of marriage and dependant children Feminist perspective - In 1967L the act was removed and replaced with the equality of Support rights and obligations o Court made it so spouse would not dependent for life, rather until there self sufficient o Equal division of assets after marriage - Feminist argues that women and men are treated differently – and the division of assets should not be based of equal division and rather take account of the differing economic positions Norm - Traditional norms of the male breadwinner and the female being the second income can leave the female in a disadvantage after the divorce o This is a structural norm they face and has be influenced into the legal system Judicial system: acknowledges that the barriers to equality that women face are structural and come as a result of past adherence to traditional gender norms Child support - Court favours child support over spousal support - 95% of court orders for child support were for the child in custody of the mother 2009-2010 - Parents who don’t pay child support are punished heavily Support payments - Government passed the Family responsibility and support arrears enforcement act of 1996 o Suspends bank accoutns find more resources at oneclass.com find more resources at oneclass.com January 27 , 2017: The family, Law and Public Policy – Chapter 8 o Inability to leave country o Licence suspension o Informing employers of such o Incarceration Child custody: Key terms Custody: Rewarding decision making ability with major subjects affecting their child (education, healthcare, religion) Legal Custody: Both parents are given authority over major subjects pertaining to welfare Physical Custody: Where child resides majority of the time Joint Legal Custody: Both parents are given authority over major decisions affecting their child Joint Physical Custody: The child lives part time with one parent on rotation Custodial Parent: Parent who is given physical or legal custody of the child by court order women are less financially stable based upon to pay gap, so therefore they might not have access to all the resources that men do for custody Child care timeline 1. 19th century: children were seen as fathers property therefore paternal custody was granted- this was a norm 2. Mid 19th century: Britain: mothers were allowed the right to petition for custody of young children provided that they had not committed adultery- however paternal preference was still the norm 3. Beginning of the 20th century: norm shifted from paternal to maternal preference 4. 1970’s challenges arise: fathers rights advocacy groups- fathers were no longer seen as providers and disciplinarians, but also participants of childbirth and in the nurturance and the physical care of the children - therefore, they should be allowed to play a role in parenting even if the marriage breaks down - Father’s advocacy groups began the discussion of women having an unfair advantage in custody determinations based upon gender roles and discrimination 5. 1986 Divorce Act- 16(8): The concept of “Best Interest” of the child was introduced, however, the overall decision for custody remained to judicial discretion as to who can provide the necessities of life - best interests of the child, courts to determine each parent’s parenting skills and compare the environments each parent can provide provincially based Who can best provide the necessities of life determining best interests of the child: courts favour a. preservation of the status quo if a child is already in a stable home environment b. granting custody to the mother if she was the primary caregiver during the marriage c. keeping siblings together other factors: patterns of past care and responsibility- primary caregiving, the type of relationship each parent has with a child, whether there have been patterns of domination, climate of coercion and fear between the adults and children- whether the parents have elected a shared arrangement- degree of geographical proximity between parental residences- ability to communicate- confidence in other parent’s parenting competence and the impact of proposed arrangements on a caregivers ability to be emotionally available and attentive to the child's needs find more resources at oneclass.com find more resources at oneclass.com January 27 , 2017: The family, Law and Public Policy – Chapter 8 Divorce act 16(10), 17(9) - Typically awarded access one weekday evening, alternate weekends, 4-6 weeks during the summer - Shared access on holidays - Alternation of houses during the week - Maximum Contact Incentive for the Sake Of the Children Fathers perspective - Judge’s consciousness of gender discrimination has been heightened to such an extent that they might be biased in favour towards women even with gender neutral principles in place - when men fight for custody, they win about 50% of the time - father advocacy groups argue that child support laws increasingly require men to hold a greater share of financial burden without increasing say in how their child is raised - father’s rebuttal: mothers falsely allege spousal and child abuse in order to win custody of their children and that lawyers and police officers, therapists and shelter staff are complicit in these false allegations- weapon of choice - mothers have an incentive to limit fathers access to children so that th
More Less
Unlock Document


Only pages 1-2 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit