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Chapter 3: Family Law


Additional Recommended Readings


Brownstone, H. 2009. Tug of War: A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court. Toronto: ECW Press.

Justice Harvey Brownstone is an active judge in the Greater Toronto Area. He offers his experience as a judge dealing with separation and divorce cases, providing a rare and fascinating look inside the courtroom from an active judge’s perspective.


Hetherington, E. M. and J. Kelly. 2002. For better or for worse: Divorce reconsidered. New York: W.W. Norton and Company.

This longitudinal study of over 14,000 families and 2,500 children over three decades provides one of the most comprehensive overviews of the various pathways after separation and divorce and provides a primer for the range of experiences of families and children after divorce.


Kuehnle, K. and L. Drozd. 2012. Parenting Plan Evaluations: Applied Research for the Family Court. New York, NY: Oxford University Press.

This edited volume includes chapters from prominent scholars in the field of family law. Each chapter contains a table of studies that make up the review, and each review, in turn, examines the strengths and limitations of the body of evidence in the selected area.


Sullivan, M.J. 2008. “Co-parenting and the parenting coordination process.” Journal of Child Custody, 5(1), 4–24.

This article is a must-read for those who consider the role of parent coordination as an alternative to continued litigation. The author highlights the roles and functions of parenting coordination that can be uniquely provided to families to help them disengage from conflict.


Relevant Legislation


Federal and Constitutional: http://laws.justice.gc.ca/en


Alberta: www.qp.alberta.ca/laws_online.cfm


British Columbia: www.bclaws.ca


Manitoba: web2.gov.mb.ca/laws/index.php


New Brunswick: www2.gnb.ca/content/gnb/en/departments/attorney_general/acts_regulations.html


Newfoundland and Labrador: www.assembly.nl.ca/Legislation


Nova Scotia: nslegislature.ca/legc/

  • Matrimonial Property Act, R.S.N.S. 1989, c. 275
  • Maintenance Enforcement Act, S.N.S. 1994-95, c. 6
  • Reciprocal Enforcement of Custody Orders Act, R.S.N.S. 1989, c. 387
  • Solemnization of Marriage Act, R.S.N.S. 1989, c. 436
  • Maintenance and Custody Act, R.S.N.S. 1989, c. 160, s. 1; 2000, c. 29, s. 2
  • Evidence Act (Nova Scotia), R.S.N.S. 1989, c. 154

Ontariowww.assembly.nl.ca/Legislation


Prince Edward Island: www.gov.pe.ca/law/statutes


Quebec: www3.publicationsduquebec.gouv.qc.ca/loisreglements.en.html


Saskatchewan: www.qp.gov.sk.ca


Northwest Territories: www.justice.gov.nt.ca/legislation/search


Nunavut: www.justice.gov.nu.ca


Yukon Territory: www.gov.yk.ca/legislation/


Discussion Questions


  1. What are the major demographic trends in families and how have these changes impacted children’s lives?
  2. Give two examples of an individual entering a marriage without free and informed consent. Discuss the options that may be available.
  3. To divorce, a spouse must demonstrate marriage breakdown. How can a spouse seeking a divorce prove marriage breakdown?
  4. Describe the differences between mediation, collaborative family law, arbitration, and litigation.
  5. What is the principle underlying the law on division of property at marriage breakdown?
  6. What is the paramount test for determining custody and access?
  7. Do individuals in common-law relationships have any rights or obligations under family law? Discuss.