Canadian Family Law provides expert insight into a wide variety of legal issues that confront Canadian families today.
This book has been thoroughly revised and updated to take account of legislative and judicial changes since publication of the second edition in January 2006. Fundamental revisions to the chapter 8 on Spousal Support have been necessitated by the Spousal Support Advisory Guidelines and the diverse judicial responses that they have evoked. The judgment of the Supreme Court of Canada in Leskun v. Leskun has resulted in significant revisions of those sections dealing with the economic impact of spousal misconduct on spousal support, the inclusion of the obligorís capital in determining the ability to pay spousal support , and limitations on the use of review orders. Significant changes to chapter 9 on Child Support have been necessitated by amendments to the Federal Child Support Guidelines that were implemented in May 2006. Equally important, the judgment of the Supreme Court of Canada in D.B.S. v. S.R.G; T.A.R. v. L.J.W.; Henry v. Henry; Hiemstra v. Hiemstra has resulted in new law on retroactive child support.
The book will be of particular interest to judges, legal practitioners, mediators, arbitrators and other professionals who require an understanding of the law related to families. It also provides a unique source of information for law students and their professors.
Summary Table of Contents
CHAPTER 1: Family Structures and Canadian Family Law
CHAPTER 2: Marriage
CHAPTER 3: Cohabitational Relationships
CHAPTER 4: Domestic Contracts
CHAPTER 5: Family Violence
CHAPTER 6: The Crises of Marriage Breakdown and Processes for Dealing with Them
CHAPTER 7: Divorce: Jurisdiction; Foreign Divorces; Ground; Bars
CHAPTER 8: Spousal Support on or after Divorce
CHAPTER 9: Child Support on or after Divorce
CHAPTER 10: Parenting Arrangements after Divorce
CHAPTER 11: Remedies Available under Provincial and Territorial Legislation
CHAPTER 12: Matrimonial Property Rights
APPENDIX 1: Divorce Act
APPENDIX 2: Federal Child Support Guidelines
APPENDIX 3: Ontario Family Law Act
APPENDIX 4: Ontario Childrenís Law Reform Act
Table of Cases
About the Authors:
Julien D. Payne, C.M., Q.C, LL.D., L.S.M., F.R.S.C., one of Canada's foremost family law specialists, has been called the architect of the Unified Family Courts and No-Fault Divorce. He has taught family law at the Universities of Ottawa and Saskatchewan, and written extensively about divorce and family law. He was awarded the Law Society Medal by the Law Society of Upper Canada in 2002 and was made a member of the Order of Canada in 2004.
Julien D. Payne is the co-author of Canadian Family Law and Child Support Guidelines in Canada, 2004 , both published by Irwin Law.
Marilyn A. Payne is an experienced author and the founding editor of Payne's Divorce and Family Law Digest. She is is the co-author of Canadian Family Law and author of Child Support Guidelines in Canada, 2004 , both published by Irwin Law.