Preface

• Author: Julien D. Payne/Marilyn A. Payne
• Pages: 21-23

xxi

Preface

Family law is a ch anging and dynamic f‌ield. In the twenty-f‌irst centur y, Can-

adian families w ill encounter new challen ges. Marriage and the family are

no longer synony mous. e traditional nuclear family of the s, with its

breadwinning husband, homemak ing wife, and their two or more children,

is a minor ity group. Two-income families, with or without c hildren, high di -

vorce a nd remarri age rates, and the increasing incidence of unmarr ied 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 increase d recognition of the inherent limitations of the law in regu lat-

ing marr iage and the family.

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

that family breakdown can have on women and children. e feminization of

poverty that resu lts from single parenthood, family breakdow n, and divorce

continues to be of pressi ng concern to provincial and federal governments

as they seek to enforce spousal and child s upport payments that have fal len

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

parents and child ren.

Canadia n family law is continually in transition as it responds to evolving

family st ructures. Chapter  of Canadian Family Law identif‌ie s the changing

character of Canadi an families and poses fundamental questions concerning

possible futu re directions of l aw and social policy in Can ada. In addition, it

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

vorce since the enactment of the f‌irst dominion-wide Divorce Act in . e

fragmentation of legislative powers between the Pa rliament of Canad a and

the provincial and territori al legislatures is also addressed, together with the

inef‌f‌icient fragmentat ion of jurisdiction between diverse cou rts that has led

to the emergence of special ized Family Courts.