Issues in Family Law

Implications of Moge v Moge

Courts recognize that divorce often leaves women with economic disadvantage

Implications of Bracklow v Bracklow

Courts recognize non-compensatory spousal support

Implications of Pelech, Caron and Richardson Trilogy

Clean break model, variation/interfering with previous maintenance agreements

Implications of M v H

Allows same sex partners the right to seek spousal support

Implications of Miglin v Miglin

Laid out the test to determine whether previous agreements were valid:

1. Was the domestic contract unimpeachably negotiated?

2. Were the current circumstances anticipated when the agreement was drafted?

Implications of Leskun v Leskun

Considering the failure to achieve self-sufficiency when resulting from the emotion devastation of misconduct by the other spouse

Implications of L.M.P v L.S

When seeking to vary an order under s. 17, the court is limited to whether there has been a material change since making the order that wasn’t reasonably foreseeable at the time of the agreement.

Implications of Francis v Baker

What is the appropriate amount in accordance with the child support Table Guidelines for someone who’s income is over $150,000

Implications of Dickie v Dickie

The use of contempt in family law when enforcing support obligations

Implications of Contino v Leonelli-Contino

Precedent for decisions related to child support in shared parenting situations

Marxist Family Theorists

• Fredreich Engels

• Charlotte Perkins Gilman

Feminist Family Theorists

• Catharine MacKinnon

Evolution Family Theorists

• Adam Davis

• Steven Arnocky

• John Durant

Economic Family Theorists

• Mark Regenerus

Marxist Theory of Family

Women are fundamentally oppressed by traditional female roles and marriage. Men are the market, women are the supply, marriage becomes their means of livelihood and employment

The double-standard of sexual freedom for men vs. women (Condemned in words but only effects women)

Feminist Theory of Family

Womens desires are created out of mens desires, societal expectations of women’s sexuality is coercive (Consent is then dubious), women derive their class position from their association with men.

Evolutionary Theory of Family

Men and women have different objectives and interests in marriage and procreation (Women have more investment in children), men are gaining protection of their genes and paternity, women are getting economic protection for raising the children

Women gossip more and differently than men (Men gossip about achievement), physical attractiveness matters more to women

Economic Theory of Family

There are economic advantages to marriage.

Ex) Two people living in one house equals less rent to pay