Law 2101 Lecture Notes - Community Property, Contract, Child Custody

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Department
Course
Professor
Family Law 4/29/2012 3:20:00 PM
“Census Families”
- Concept of “Census Family” (2006) <-- First year where common law
couples were counted
- Married couple (same sex or opposite sex)
- With or without children
- Common Law Couple
- Same or opposite sex
- No minimum period of cohabitation
- With or without children
- Single parent with children under 18
Census Families in Canada 2006
- Married couples = 68.6%
- Common Law couples = 15.5%
- Lone Couples = 15.9%
Themes/ Trends
1. More cohabitation o/s Marriage
- % Of census families = common-law couples
- 6 in 1981
- 10 in 1991
- 14 in 2001
- 15.5 in 2006
2. Quebec: A distinct society
- 28/8% of families = c.1. Couples
- 10.3% in Ontario
- Over 80% of first unions are c.1.
- About 57% for Canada
- About 60% of children born in Quebec are born to non-married
mothers
3. Delayed Family Formation
- First time brides’ average age
- 2008 = 29.1
- 22 in 1960s
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- Average age of first-time grooms
- 2008 = 31.1
- 24 un 1960s
- 20-24 year olds who live as couples
- 17.9% in 2006
- 28.6% in 1986
- 25-29 year olds who live as couples
- 48.5% in 2006
- 62.3% in 1986
4. Children leave home later
- 20-24 year olds in parental home
- 60.3% in 2006
- 59.6% in 1986
- 25-29 year olds in parental home
- 26% in 2006
- 15.6% in 1986
5. Family Breakdown is Common
- Divorce
- 1965 - 10,000 divorces in Canada
- 1987 - 96,000 divorces
- 2005 - 71, 241 divorces
- 40.7% of marriages will not reach 30th anniversary (47.4% in Quebec,
25% in NL)
Common Law Relationships
- Common law couples are much more likely to split up than married
couples
- Perhaps as many as 50% of common law relationships end before 5th
anniversary
- 25% of children experience parental separation by age 10
- NWS, most children grow up with both parents
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6. Joint Custody is More Common
- Custody Arrangements on Divorce (2002)
- 49.5% = sole custody to mother
- 41.5% = joint (legal) custody
- 8.5% = sole custody to father
- NWS, vast majority of children live primarily with mother after
parental separation or divorce
7. Blended Families are Common
- Over 1/2 million “blended families”
- 10% of children under 12 live primarily in a family with a step-parent
8. Families are Smaller
- Average family size
- 2006 = 3
- 1971 = 3.7
- Total fertility rate = 1.68 (2008) <-- For every adult female in Canada,
there were 1.68 children
- Highest since 1990
- 3.9 in 1959
- 2.2 in 1971
- “Replacement rate” is 2.1
9. Canada’s Population is Aging
- 17.7% of Canadians < 14 (2006)
- 19.1% in 2001
- 34% in 1961
- 13.7% of Canadians >64 (2006)
- 13% in 2001
10. Both Parents work o/s the home more often
- About 70% of mothers with children 0-5 are in labor force
- Only about 25% in 1970
-
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Document Summary

Concept of census family (2006) <-- first year where common law couples were counted. 15. 5 in 2006: quebec: a distinct society. About 60% of children born in quebec are born to non-married mothers: delayed family formation. 62. 3% in 1986: children leave home later. 15. 6% in 1986: family breakdown is common. 40. 7% of marriages will not reach 30th anniversary (47. 4% in quebec, Common law couples are much more likely to split up than married couples. Perhaps as many as 50% of common law relationships end before 5th anniversary. 25% of children experience parental separation by age 10. Nws, most children grow up with both parents: joint custody is more common. Nws, vast majority of children live primarily with mother after parental separation or divorce: blended families are common. 10% of children under 12 live primarily in a family with a step-parent: families are smaller. Total fertility rate = 1. 68 (2008) <-- for every adult female in canada, there were 1. 68 children.

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