Family Structures and Canadian Family Law

• Author: Julien D. Payne, Marilyn A. Payne
• Pages: 1-12

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Family Structures and Canadian

Family Law

A. DEFINITIONS OF “FAMILY”

e term “fam ily” does not have a precise legal denition. L aw tends to regu-

late the rights and obl igations of indiv iduals, as dist inct from groups, such

as famil ies, however they may be constituted. C anadian fa mily law might

more properly be called the L aw of Persons insofar as it concentrates on the

rights of indiv iduals whose family relationships have be come dysfunctional.

In short, Canad ian family l aw deals prima rily with t he pathology of family

breakdown and its lega l consequences.

People often perceive “marri age” and “family” as sy nonymous but these

words are not interchangeable in law. e term “ family” is elusive and dees

exact denit ion. Many, but not all, Canadi an families a re the product of a

marri age. More often than not, the presence of c hildren signi es a family

relationship. Ch ildren may be born within or outs ide of marriage. eir par-

ents may or may not live together. e parents may have lived toget her before

or after the birt h of the child but may no longer do so by reason of sepa ration

or divorce. Some child ren are adopted. In relat ively rare situations, a child ’s

birth may have resu lted from surrogate parentin g arrangements or the use

of new reproductive technolog ies Chi ldren are usual ly family members of

the household in which the y reside but this is not invariably true. Some ch il-

dren do not live with either of t heir parents or with aunts, unc les, or grand-

parents ey may live in fost er homes or even with f riends or neighbou rs A

new de facto family m ay co-exist with the fa mily of origin.

Family relationsh ips can exist when t here is neither marri age nor a par-

ent-child or ancest ral relationship. Unmarr ied couples of the opposite sex or

same-sex m ay be regarded as members of the same fa mily for social or legal

purposes.