Difference between revisions of "Same Sex Relationships and Issues Affecting Transgender and Transsexual People"

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''Murphy v. Laurence'', [2002] O.J. No. 1368 (ONSC):
''Murphy v. Laurence'', [2002] O.J. No. 1368 (ONSC):


<blockquote>Applications by biological mother and mother's lesbian partner for custody and child support. Parties had three year unmarried relationship in which mother remained at home and partner worked outside the home. Both acted as parents to child, and following separation, partner exercised liberal access to child. Child later, by agreement, going to live mostly with partner. Court finding child to have benefited from care of both women, and ordering joint custody with primary residence of child to mother based on blood tie. Negligible access given to father in light of history of disinterest in child. No weight given to mother's sexual orientation.</blockquote>
<blockquote>Applications were made by the by biological mother and the mother's lesbian partner for custody and child support. The parties had three year unmarried relationship in which the mother remained at home and her partner worked outside the home. Both acted as parents to the child, and following separation, the partner exercised liberal access to the child. The child later, by agreement, went to live mostly with the biological mother's partner. The court found the child to have benefited from the care of both women, and ordered joint custody with the primary residence of the child to be with the biological mother of the child. Negligible access was given to the father in light of a history of disinterest in the child. No weight was given to the mother's sexual orientation.</blockquote>
<blockquote>"The best interests of [the child] are, of course, what will govern any decision relating to custody in this matter. In this fundamental principle, same sex parents seeking custody are no different than opposite-sex parents seeking custody."</blockquote>
<blockquote>"The best interests of [the child] are, of course, what will govern any decision relating to custody in this matter. In this fundamental principle, same sex parents seeking custody are no different than opposite-sex parents seeking custody."</blockquote>


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''[http://canlii.ca/t/1hl5f J.S.B. v. D.L.S.]'', 2004 CanLII 5031 (ONSC):
''[http://canlii.ca/t/1hl5f J.S.B. v. D.L.S.]'', 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". </blockquote>
<blockquote>A mother and father both sought sole custody of their children. The parties were of Aboriginal Mohawk ancestry. 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." </blockquote>
<blockquote>The Court 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. </blockquote>
<blockquote>The court 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. </blockquote>
<blockquote>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>
<blockquote>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===

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