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SOSC 1350 Lecture Notes - Tender Years Doctrine, Tender Years, Child Custody

Social Science
Course Code
SOSC 1350
Julie Dowsett

of 5
February 13, 2013
Marriage & Divorce part 2
3a started in 1800s
Feminization of property became visible in cities
Feminists and reformers, legislation that will make men support women
Introduced act women who got married, would not lose their property (both spouses can have and
dispose property)
3b first time a legal obligation offered separation for heterosexual couples
Did not apply to married couples until WWII
3ci marriage and divorce now can be handled by gov’t
Provinces had their own act before
3cii BC, Nova Scotia and Ottawa
3ciii you need a lot of money and time as well as going to Ottawa for a divorce (therefore only rich
people got divorce)
3civ husband could rape, dishurt wife, had another women (mistress) for divorce
Men can have multiple women
Before common for men to have multiple wives
3civ to create certainty for children, men would commit adultery
Permitted women to sue for adultery eliminated this double standard
3d maternal feminism , men and women are different but complimentary in nature
Supposedly, masculine traits were to protect family, feminine traits about nurturing family
Maternal feminists believed that women were subordinate to men because their central role as mothers
were not recognized
Those feminists embraced ideology of motherhood, felt motherhood was a sacride institution
From 1800 onward, those feminists fought for rights for those angelic women
Abandon of the unity doctrine (where men owned women like property)
Introduced that husband who left her, gov’t helped abandon married mothers but upholding
motherhood maternal feminist entrenched within the law a definition of the family based on
heterosexual marriage and a gender division of labour, and still exists today
4a were based on the English common law rule, men were the sole legal guardian
Very limited in cases were mothers could become legal guardians
Mothers had no legal right to custody and visitation
^ many cases where the father consent, but the documents were unenforceable
Engels states that children were “natural property” and women were “property”
Engels starts that fathers “continues after death so he may appoint guardianship to his children”
4b this act did offer a small chance of custody rights for women
Allowed women a certain small degree of access to divorce, as long as the wive does not commit
Women were only able to obtain custody of children under the age of 7
Important because went from fathers being sole guardians now parental guidance
4c where fathers needed their children for labour
Children need to be trained by “firm hand” (strong) and women were seen as weak
Then paternal reference was replaced
4d replaced with tender years doctrine, for a child principle
More oriented to the best interest of the child
These “tender years” was not defined legal, age birth til 7 or birth til 12, where placed with the mother,
those who are older than that, they were put with the same sex (girl go with mother, boy goes with
4e changed in 1985, but any suggested that the divorce act, is like the tender years doctrine, but was
gender neutral and no age limit
5a where the women had no property rights
Seprtate proterty rights exist, all marital property is shared with the spouses
Concept of property has expanded, like academic degrees or pension
First time adultery, no fault divorce was introduced, and couple can divorce after one year of sepration
5b this case about a sepration of a couple, the wive Irene, did a lot of labour on the farm and the family,
but mainly on the farm
She sued for half the assets, and the supreme court said that she did not make any finical contribution,
and she cannot receive any property and belonged to the husband
^ consided to be “his” property and that she was doing what every “wife” was doing
Now they start to challenge the act for property rights
5c the propert rights were not supportive on women only men
5d had gender neutrality in the law
Before it was just the husband owning the property
Sexual double standards, and women can seek divorce in more than just adultery (like domestic
6a the term neoliberalism like a ballon
Ballon held up by “social safety net” (insurance, benefits)
Tax helps those that are in the poverty level
Neolibriamism, has noting to do with liberals (being nice) rather it is Economic philosophy, that gov’t is
too big and is interfering in society and better if gov’t is smaller And rich people shouldn’t pay taxes
Therefore, rich people pay gov’t to not let them pay taxes, therefore, tax cuts
The more people getting rich, more people getting poor
Since more minorities are in the bottom, then develops racism or stereotypes
However, when the rich people have no one to buy their products, they tell the banks to give money
(credit cards) to poor people to buy their products
After poor people can buy products even if they cant afford it, then economy grows, and grows til the
economy falls apart
Our current system is corrupt, since people are in debt
6b asupmtions are made about family first, husband and wive or (gays lesbians or partner) are seen as
responsible in the well being of the family (economic well being)
Responsible of household and care of family (especially for children)
Society may give support to familys in principle but it is not economic well being or care for the family,
especially child care