Preface

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

xxiii

Preface

Family law is a cha nging and dynamic eld. In the t wenty-rst century, Can-

adian fami lies will encou nter new challenges. Ma rriage and the fa mily are

no longer synonymous. e trad itional nuclear fami ly of the s, with its

breadwinning hu sband, homemaking w ife, and their two or more c hildren,

is a minority group. Two-income families, w ith or without chi ldren, high di-

vorce and remarri age rates, and the increasing inc idence of unmarr ied co-

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

new family str uctures and radical lega l reforms. At the same time, there ha s

been increased recognition of the inherent limitations of the law in regulat-

ing marr iage and the family.

e public and the legal profession a re aware of the devastating i mpact

that fami ly breakdown can have on women and c hildren. e feminiz ation of

poverty that resu lts from single parenthood, family brea kdown, and divorce

continues to be of pressing concern to provi ncial and federal gover nments

as they seek to enforce spou sal and child support payme nts that have fal len

into default, and endeavour to prov ide a socio-economic safet y net for sole

parents and chi ldren.

Ca na d ia n f am i ly la w i s c ont i nu al ly in t ra ns it io n a s it re sp on ds to ev ol vi ng

family str uctures. Chapter  of Canadian Family Law identies t he changing

character of Canad ian families and poses fu ndamental questions concerning

possible future di rections of law and soci al policy in Ca nada. In addition, it

provides a review of t he legal consequences of mar riage breakdow n and di-

vorce since the enactment of the r st dominion-wide Divorce Act in . e

fragmentation of leg islative powers betwe en the Parliament of Ca nada and

the provincial and territorial legislatures is also addressed, together with the

inecient fragme ntation of jurisdiction betwee n diverse courts that has led

to the emergence of specia lized Family Courts.