family law

family law

PUBLICATIONS FROM 1982 – 1999

Women Speak Out on Custody and Access Report of NAWL’s On-Line Consultation on Custody and Access, August 1999; 20p ISBN:0-895996-48-1

NAWL, with the financial assistance from Status of Women Canada, undertook to assist women across the country to look at the potential impact of changes put forward by the Special Joint Committee on Custody and Access. NAWL suggested ways in which women could effectively bring their experiences and points of view to the legislators.

The Child Support Guidelines, NAWL’s Response To the Federal Child Support Guidelines, March 1998; 15p. ISBN:0-895996-37-6

NAWL’s Response to the Federal Child Support Guidelines provides recommendations and general comments regarding the proposed amendments to the Divorce Act. While supporting the objectives of the Child Support Guidelines, NAWL urges the government to ensure that the guidelines and their application accomplish the initial goal of increasing the amount and availability of support for children.

 

Custody and Access: NAWL Brief to the Special Joint Committee on Child Custody and Access. March 1998; 35p. ISBN:0-895996-35-X

NAWL’s brief to the Special Joint Committee on Child Custody and Access examines the issue relating to disputed custody claims between parents. The brief outlines NAWL’s recommendations to the Committee, with a focus on the “best interest of the child” standard, violence and abuse against women and children, access and custody arrangements, mediation and women’s access to legal advice and legal aid.

Final Report on Court-Related Harassment and Family Law. March 1998; 97p ISBN:0-895996-33-3

Prepared by Sandra A. Goundry in association with the Vancouver Association of Women and the Law, this reports provides a useful overview of court-related harassment in the family justice system. The report examines the sources of court-related harassment, provides an analysis of relevant case law and offers recommendations for policy and legislative reform.

The Child Support Guidelines, NAWL’s Response To Amendments to the Divorce Act and to the Working Draft of the Federal Child Support Guidelines. October 1996; 18p ISBN:0-895996-24-4

While supporting the Bill, NAWL points out some major areas for reform; most notably, some of the amounts are too low, and regular updating is essential. The Guidelines were put in place to reduce uncertainties and to help ensure that child support obligations are met.

Child Support Guidelines. December 1995; 23p. ISBN:0-895996-10-4

As NAWL’s response to the Federal/Provincial/Territorial Family Law Report on Child Support Guidelines, this paper outlines NAWL’s concerns about some major flaws in the proposed formula.

Fairness in Family Law. September 1994; 55p.

This study by the Manitoba Association of Women and the Law analyses 146 Manitoba cases from January 1988 through June 1992 in which child or spousal support was an issue. It shows that gender bias results in unfairness to women after divorce and therefore adds to the poverty of their children.

Submission to the Federal Task Force on the Taxation of Child Support Payments. August 1994; 10p. ISBN:0-929049-98-5

Prompted by the court of appeal ruling in Thibaudeau, this task force was formed. NAWL proposes the elimination of the inclusion/deduction system and the establishment of a diminishing tax credit.

Lost Earning Capacity Under The Divorce Act: Fact or Fiction? by Dani Ann Dignard. May 1994; 67p. ISBN:0-929049-96-9

A response to critiques of the trilogy of Ontario decisions: Ormerod, Charbonneau and Elliot.

Response to Custody and Access: Public Discussion Paper. Submitted to the Custody and Access Project, Family and Youth Law Policy Section of the Department of Justice. January 1994; 16p. ISBN:0-929049-90-X

Reviews and discusses issues related to Custody and Access of children in this country. NAWL also raises for consideration the changing face of family formations in Canada and the impact of this diversity on Custody and Access issues.

Enforcement of Support and Custody Orders. February 1991; 8p. ISBN:0-929049-58-6

NAWL delivered this brief on the government of Ontario’s Bill 17 to the Standing Committee on the Administration of Justice.

Submission of the Manitoba Association of Women and the Law on Bill 11 and the Proposed Access Enforcement Programme, by the Manitoba Association of Women and the Law. December 1988; 51p. ISBN:0-920853-88-9

Criticizes Manitoba’s access enforcement programme and Bill 11. No rigorous analysis or sound empirical research preceded the legislation. Furthermore, the assumptions the legislation is based upon are unfounded, namely that children invariably benefit from frequent contact with both parents following marital breakdown and that access denial is a widespread problem. Argues that the problem of access enforcement is minuscule in comparison with problems of support and maintenance order enforcement.

Bill C-47: Joint Custody, Child Support, Maintenance Enforcement and Related Issues by Louise Lamb (October 1985).

Brief submitted to the Standing Committee on Justice & Legal Affairs and presented before the Senate Standing Committee on Legal & Constitutional Affairs.

Vol. 1: 24p. ISBN:0-920853-38-2
Vol. 2: Appendices and References to Vol. 1; 115p. ISBN:0-920853-40-4

A critical examination, from a feminist perspective, of recent legislative initiatives (Canadian & American) in the area of joint custody, maintenance, and access enforcement.

Divorce Law Reform, by Gwen Brodsky. April 1985; 24p. ISBN:0-920853-28-5

A background paper on the 1984 proposed reforms to the Divorce Act, Bill C-10.

Legislative Initiatives Necessary to the Implementation of a Fair Scheme for Division of Private Sector Pensions Upon the Termination of a Marriage or Separation in Canada, by Deborah Acheson and Gwen Brodsky. February 1985.
Vol. 1: Text of Paper; 104p. ISBN:0-920853-30-7
Vol. 2: Part 1: Case Authorities; 141p. ISBN:0-920853-32-3
Vol. 2: Part 2: Pension Standards Legislation. 181p. ISBN:0-920853-34-X
Vol. 2: Part 3: Matrimonial Property Legislation; 202p. ISBN:0-920853-36-6

Examines valuation, enforcement and jurisdictional problems associated with division of private sector pensions, and recommends legislative initiatives necessary to the implementation of a fair scheme for their division.

OTHER EARLY PUBLICATIONS BY TOPIC