*PRE-ORDER, APPROX 2-3 BUSINESS DAYS* Families and the Law Cases and Commentary 4th edition by Natasha Bakht 9781553224662

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Families and the Law, Fourth Edition continues its ongoing discourse in family law aiming to address three main questions - what constitutes a family, what role law plays in different types of families, and how families and family law evolved in the recent years.

Whilst addressing these questions, the fourth edition suggests a need to refocus on an “access to justice” for “families” and “law”. In continuation to exploring how families experience law in relation to family formation, interventions in intact families, and family dissolution, the authors continue to focus on issues of diversity among families and to explore critical and interdisciplinary literature about families and family law accordingly along with new developments.

New to this edition:
This fourth edition deals with many new challenges for families, as well as new legal developments relating to family relationships. In this context, the book tries to explore how ‘families’ and ‘law’ have changed since the previous edition in 2019, and to identify the most important emerging issues for families and law. In doing so, the book remains committed to exploring how law stays significant for families, and how families and family lives intersect with legal regulation. Or not.

More of what’s new in this edition:
Although initial versions of this book were authored by Mary Jane Mossman, and her mark remains indelible, this fourth edition is the first update since Prof Mossman’s retirement and benefits from the insights of other instructors in “Family Law.” This edition includes information about many new developments:

Chapter One (Vanessa Gruben):
This chapter adds new material and resources on the definition of “family,” and its intersection with other areas of law; and updated statistics about families in the 2021 census;

Chapter Two (Shelley Kierstead):
This chapter includes an analysis of recent jurisprudence on the required capacity to consent to marriage, non-consummation as a ground for nullity, and curative provisions for marriages that do not meet marriage formalities;

Chapter Three (Vanessa Gruben):
In addition to a detailed analysis of the All Families are Equal Act in Ontario, there is new material on parentage in polyamorous families, a discussion of the new regulations under the Assisted Human Reproduction Act and surrogacy practices in Canada.

Chapter Four (Shelley Kierstead):
This chapter incorporates a discussion of recent government-initiated childcare policies, changes in Indigenous child welfare services, and judicial approaches to intimate partner violence;

Chapter Five (Natasha Bakht):
This chapter includes updated statistics about divorce and separation, and its economic impact on the vulnerable including the context of cuts to legal aid in Ontario. With reference to family dispute resolution, the increased risk of violence post-separation and the emerging role of artificial intelligence are also considered.

Chapter Six (Robert Leckey):
The revised chapter includes more empirical research, deepened discussion of the theoretical justifications for equal sharing of family property, expanded discussion of treatment of matrimonial property on First Nations reserves, and increased comparative discussion of Quebec’s distinctive approach.

Chapter Seven (Natasha Bakht):
This chapter updates the case law and context relating to spousal support including the impact of the COVID-19 pandemic on the collection of spousal support. The chapter also adds a brief summary with examples of the two formulas used in the Spousal Support Advisory Guidelines

Chapter Eight (Natasha Bakht):
This chapter describes the 2021 reforms to the Divorce Act (Bill C-78) and the corresponding amendments to Ontario’s Children’s Law Reform Act (Bill 207) including the change in language from “custody and access” to “decision-making responsibility and parenting time,” and a new provision which directs courts to give “primary consideration to the child’s physical, emotional and psychological safety, security and well-being” when considering best interests. The new provisions relating to family violence are discussed at length including the difficulty in proving family violence, misgendering as a form of violence and the intersection of spousal violence and parental alienation. The chapter also incorporates new materials relating to the “best interests of the child” criterion with respect to parents with disabilities, the significance of Indigeneity, and trans and gender non-conforming children. Finally, new Supreme Court of Canada cases on retroactive child support are discussed.

To aid further discussion and learning, each chapter is accompanied by questions, problems and notes about additional cases. Moreover, each chapter includes bibliographic references for instructors and students that relates to different issues in the chapter.

A class-tested, carefully-considered collection of cases and commentary, Families and the Law, 4e is a stimulating learning resource, perfect as a primary or secondary text for courses on family law, legal studies, and law and society programs, and an invaluable resource for all who study family law in Canada.