Family Structures and Canadian Family Law

• Jurisdiction: Canada
• Author: Julien D. Payne,Marilyn A. Payne
• Date: 25 July 2022

1

Chapter 1

Family Structures and

Canadian Family Law

A. DEFINITIONS OF “FAMILY”

e term “family” does not have a precise legal def‌inition. Law tends to regu-

late the rights and obligations of individuals, as distinct from groups, such

as families, however they may be constituted. Canadian family law might

more properly be called the “law of persons” insofar as it concentrates on the

rights of individuals whose family relationships have become dysfunctional.

In short, Canadian family law deals primarily with the pathology of family

breakdown and its legal consequences.

People oen perceive “marriage” and “family” as synonymous, but these

words are not interchangeable in law. e term “family” is elusive and def‌ies

exact def‌inition. Many, but not all, Canadian families are the products of a

marriage. More oen than not, the presence of children signif‌ies a family

relationship. Children may be born within or outside of marriage. eir par-

ents may or may not live together. e parents may have lived together before

or aer the birth of the child, but may no longer do so by reason of separation

or divorce. Some children are adopted. In relatively rare situations, a child’s

birth may have resulted from surrogate parenting arrangements or the use of

new reproductive technologies. Children are usually family members of the

household in which they reside but this is not invariably true. Some children

do not live with either of their parents or with aunts, uncles, or grandpar-

ents. ey may live in foster homes or even with friends or neighbours. A new

de facto family may co-exist with the family of origin.

Family relationships can exist when there is neither marriage nor a

parent– child or ancestral relationship. Unmarried couples of the opposite