Preface

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

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Preface

Family law is a cha nging and dynamic eld. I n the twenty-rst century, Can-

adian families will encounter new challenges. Marriage and the family are

no longer synonymous. e traditional nuclear fami ly of the s, with its

breadwinning husband, homemaking wife, and their two or more children,

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

vorce and remarriage rates, and the increasing incidence of unmarried co-

habitation, whether involving opposite- or same-sex couples, have fostered

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

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

ing marr iage and the family.

e public and the legal profession are aware of the devastating impact

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 provincial and federal governments

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

into default, and endeavour to provide a socio-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 structures. Chapter  of Canadian Family Law identies the changing

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

possible future directions of law and social policy in Canada. In addition, it

provides a review of the legal consequences of marriage breakdown and di-

vorce since the enactment of the rst dom inion-wide Divorce A ct in . e

fragmentation of legislative powers between the Parliament of Canada 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.