15
edits
Difference between revisions of "Same Sex Relationships and Issues Affecting Transgender and Transsexual People"
Jump to navigation
Jump to search
Same Sex Relationships and Issues Affecting Transgender and Transsexual People (view source)
Revision as of 18:26, 23 January 2019
, 18:26, 23 January 2019→Children
m (Grammar) |
|||
| Line 36: | Line 36: | ||
''[http://canlii.ca/t/1w5d8 Bubis v. Jones]'', 2000 CanLII 22571 (ONSC): | ''[http://canlii.ca/t/1w5d8 Bubis v. Jones]'', 2000 CanLII 22571 (ONSC): | ||
<blockquote>Application by mother | <blockquote>Application by mother to vary order to obtain custody. Mother in lesbian relationship following separation from father. Court finding father prejudiced against lesbians, that same sex preference of parent merely one of many factors to be considered, and in light of positive psychologist's report and change in mother's employment and stability, giving custody to mother.</blockquote> | ||
<blockquote>"Homophobia is being replaced by reason and bigotry by tolerance — but not completely, since history tells us that, in matters of this nature, there will always be pockets of prejudice."</blockquote> | <blockquote>"Homophobia is being replaced by reason and bigotry by tolerance — but not completely, since history tells us that, in matters of this nature, there will always be pockets of prejudice."</blockquote> | ||
<blockquote>"There is no evidence that families with heterosexual parents are better able to meet the physical, psychological, emotional or intellectual needs of children than are families with homosexual parents."</blockquote> | <blockquote>"There is no evidence that families with heterosexual parents are better able to meet the physical, psychological, emotional or intellectual needs of children than are families with homosexual parents."</blockquote> | ||
''[https://www.canlii.org/en/on/onsc/doc/2004/2004canlii5031/2004canlii5031.html?autocompleteStr=2004%20CanLII%205031%20&autocompletePos=1 JSB v. DLS]'', 2004 CanLII 5031 (ONSC): | |||
<blockquote>Mother and father sought sole custody of their children. The parties were Mohawk. The father argued that it was in the children's best interests to reside with him as the mother's new same-sex relationship was "incompatible with traditional Mohawk ways". The Court, citing a [https://www.canlii.org/en/on/onca/doc/2003/2003canlii26403/2003canlii26403.html?autocompleteStr=%5B2003%5D%20O.J.%20No.%202268%20&autocompletePos=1 recent decision] of the Ontario Court of Appeal, acknowledged that some of the many reasons couples choose to marry are intimacy, companionship, and societal recognition. These reasons are independent of the sex or gender of the individuals. Both same-sex and opposite-sex couples are capable of forming loving and lasting relationships. | |||
The sexual preference of a parent is but one of the many factors courts consider in determining the best interests of children. While the father had recently been charged in relation to his substance abuse, the mother had found a home and a job, obtained counselling for the children, and enrolled the children in extracurricular activities. The best interests of the children were better served by residing with the mother. The Court awarded sole custody to the mother.</blockquote> | |||
===Child support=== | ===Child support=== | ||