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Difference between revisions of "Further Topics and Overlapping Legal Issues in Family Law"
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Further Topics and Overlapping Legal Issues in Family Law (view source)
Revision as of 21:19, 2 April 2013
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==Same-sex relationships== | ==Same-sex relationships== | ||
Not too long ago, this wiki had an entire chapter about the particular issues affecting those in same-sex relationships. That chapter, however, is no longer necessary. For the last 30 years or so, there has been a steady erosion of legislated discrimination between opposite- and same-sex relationships. While gays and lesbians may have to deal with homophobia and intolerance in their day-to-day lives, at the discrimination which used to exist by the operation of law has been on the wane. From the [http://canlii.ca/t/5239 Little Sisters decision] on censorship to ''[http://canlii.ca/t/1frkt Egan v. Canada]'', [1995] 2 SCR 513, on spousal benefits, the courts of Canada have proven increasingly willing to extend the protection of the ''[http:// | Not too long ago, this wiki had an entire chapter about the particular issues affecting those in same-sex relationships. That chapter, however, is no longer necessary. For the last 30 years or so, there has been a steady erosion of legislated discrimination between opposite- and same-sex relationships. While gays and lesbians may have to deal with homophobia and intolerance in their day-to-day lives, at the discrimination which used to exist by the operation of law has been on the wane. From the [http://canlii.ca/t/5239 Little Sisters decision] on censorship to ''[http://canlii.ca/t/1frkt Egan v. Canada]'', [1995] 2 SCR 513, on spousal benefits, the courts of Canada have proven increasingly willing to extend the protection of the ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' to overturn discriminatory legislation and, after some initial resistance, the governments of Canada have followed suit. | ||
The realm of family law has proven no exception. To quote barbara findlay QC, a tireless advocate of queer rights, from a speech to the [http://www.cba.org/bc/home/main/ Canadian Bar Association British Columbia] a number of years ago: | The realm of family law has proven no exception. To quote barbara findlay QC, a tireless advocate of queer rights, from a speech to the [http://www.cba.org/bc/home/main/ Canadian Bar Association British Columbia] a number of years ago: | ||
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===Child support=== | ===Child support=== | ||
Whether you are straight, gay, lesbian, bisexual, or something in between, if you qualify as a ''parent'' for the purposes of the ''[[Family Law Act]]'', or the child qualifies as a ''child of the marriage'' for the purposes of the ''[[Divorce Act]]'', child support will be payable by the person who has the child for the least amount of time to the person who has the child for the most amount of time. Child support will be payable at the amount specified under the [ | Whether you are straight, gay, lesbian, bisexual, or something in between, if you qualify as a ''parent'' for the purposes of the ''[[Family Law Act]]'', or the child qualifies as a ''child of the marriage'' for the purposes of the ''[[Divorce Act]]'', child support will be payable by the person who has the child for the least amount of time to the person who has the child for the most amount of time. Child support will be payable at the amount specified under the [[Child Support Guidelines]] unless the parent paying support (the "payor") fits into one of a very narrow range of exceptions: | ||
*the payment of support in the usual amount would cause "undue hardship", | *the payment of support in the usual amount would cause "undue hardship", | ||