Preface

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 23-25

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Preface

Family law is a cha nging and dyn amic eld. In the t wenty-rst centur y,

Canadia n families w ill encounter new cha llenges. Marr iage and the fami ly

are no longer synonymous. e trad itional nuclear family of the s, wit h

its breadwinning husba nd, homemaking wi fe, and their two or more child ren,

is a minority group. Two-income fami lies, with or without children, high d i-

vorce and remarri age rates, and the increasing i ncidence of unmarr ied co-

habitation, whether involvi ng opposite- or same-sex couples, h ave fostered

new family str uctures and radical legal refor ms. At the same time, there has

been increased recogn ition of the inherent limitation s of the law in regulat-

ing marr iage and the family.

e public and the legal profession are awa re of the devastating i mpact

that family brea kdown can have on women and chi ldren. e feminization of

poverty th at results from single parenthood, fami ly breakdown, and divorce

continues to be of pressing concern to provinc ial and federal gover nments

as they seek to enforce spousa l and child support payments that h ave fallen

into default, and endeavour to provide a soc io-economic safety net for sole

parents and child ren.

Canadia n family law is continua lly in transition a s it responds to evolving

family str uctures. Chapter  of Canadian Family Law identies the c hanging

character of Ca nadian famil ies and poses fundamental quest ions concerning

possible future direc tions of law and socia l policy in Canad a. In addition, it

provides a review of the lega l consequences of marr iage breakdown and d i-

vorce since the enactment of the rst D ominion-wide Divorce A ct in . e

fragmentation of legi slative powers between t he Parliament of Canad a and

the provincia l and territorial leg islatures is also addres sed, together with the

inecient fragmentat ion of jurisdiction between diverse cou rts that has led

to the emergence of special ized Family Courts.