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 fami lies will e ncounter new challenges. Ma rriage and the fa mily are

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

breadwinning husba nd, homemaking w ife, and their two or more chi ldren,

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

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

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

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

been increased recogn ition of the inherent limitations of t he law in regulat-

ing marr iage and the family.

e public and the legal profession are awa re of the devastating impac t

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 ch anging

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

possible future direc tions of law and social p olicy in Canad a. In addition, it

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

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

fragmentation of legi slative powers between t he Parliament of Canada a nd

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.