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Difference between revisions of "Same Sex Relationships and Issues Affecting Transgender and Transsexual People"
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Same Sex Relationships and Issues Affecting Transgender and Transsexual People (view source)
Revision as of 18:36, 4 July 2019
, 18:36, 4 July 2019→Issues affecting transgender and transsexual people
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To be brutally frank, the jury is still out on how family law impacts on the trans community. Right now, the laws have slipped into a comfortable understanding of ''the same or opposite genders'' and only accommodates people on the spectrum in between with difficulty. While bisexuality is as close to a non-issue in this context as there can be, transgender and transsexual people may well encounter difficulty in dealing with family law matters. This discussion offers only a gloss on some of the issues affecting this community. | To be brutally frank, the jury is still out on how family law impacts on the trans community. Right now, the laws have slipped into a comfortable understanding of ''the same or opposite genders'' and only accommodates people on the spectrum in between with difficulty. While bisexuality is as close to a non-issue in this context as there can be, transgender and transsexual people may well encounter difficulty in dealing with family law matters. This discussion offers only a gloss on some of the issues affecting this community. | ||
If you have a family law problem and your orientation, gender or identity becomes an issue, <span class="noglossary">contact</span> a lawyer known to be sympathetic or activist on the issue, such as barbara findlay or another lawyer she can refer you to. | If you have a family law problem and your orientation, gender, or identity becomes an issue, <span class="noglossary">contact</span> a lawyer known to be sympathetic or one who is an activist on the issue, such as barbara findlay or another lawyer she can refer you to. | ||
===Marriage=== | ===Marriage=== | ||
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===Children=== | ===Children=== | ||
Those who have discovered another self-identity during a relationship may find their new identities hotly at issue in the event that the living arrangements for any children must be decided in court. The problem here is that while shows like "Will and Grace" | Those who have discovered another self-identity during a relationship may find their new identities hotly at issue in the event that the living arrangements for any children must be decided in court. The problem here is that while shows like "Will and Grace," "The Birdcage," and "The L Word" have made homosexuality something commonly understood and empathized with, nothing similar has popularized and explained the experience of the transgender community. | ||
It can be very difficult for people, including ex-partners, to understand transgender issues, and this problem is especially acute in courtroom discussions about the care and control of children. Often the most important task is to demystify the person's self-identity and explain why their self-identity has no impact at all on their ability to parent, nor on the expected outcomes for the children. | It can be very difficult for people, including ex-partners, to understand transgender issues, and this problem is especially acute in courtroom discussions about the care and control of children. Often the most important task is to demystify the person's self-identity and explain why their self-identity has no impact at all on their ability to parent, nor on the expected outcomes for the children. | ||
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The mother's application was dismissed. | The mother's application was dismissed. | ||
In a very recent case here in British Columbia ''[http://canlii.ca/t/gpphw K. (N.) v H. (A.)]'', 2016 BCSC 744, the larger dispute centered around the parents’ disagreement over gender transition therapy involving their 11 year old child. The mother supported the transition whereas the father did not. At issue before Justice Skolrood in that proceeding was whether or not the child was entitled to an independent voice in the litigation. The court held that this was appropriate, saying: | In a very recent case here in British Columbia, ''[http://canlii.ca/t/gpphw K. (N.) v H. (A.)]'', 2016 BCSC 744, the larger dispute centered around the parents’ disagreement over gender transition therapy involving their 11 year old child. The mother supported the transition whereas the father did not. At issue before Justice Skolrood in that proceeding was whether or not the child was entitled to an independent voice in the litigation. The court held that this was appropriate, saying: | ||
<blockquote>39 I am satisfied that J.K. should be permitted to participate directly in this proceeding. To my mind, this case is different from the many family law cases that come before the courts in which the views of the child are sought on issues relating to guardianship and parenting time, and where those views are typically presented through third party reports.</blockquote> | <blockquote>39 I am satisfied that J.K. should be permitted to participate directly in this proceeding. To my mind, this case is different from the many family law cases that come before the courts in which the views of the child are sought on issues relating to guardianship and parenting time, and where those views are typically presented through third party reports.</blockquote> | ||