Volume 2, Number 1, 1979
Articles
- Support and the Expanded Definition of "Child": The Ontario Family Law Reform Act - Heino Lilles
The expanded definition of "child" in the Ontario Family Law Reform Act, 1978, includes "a person whom the parent has demonstrated a settled intention to treat as a child of his or her family". This novel definition incorporates the different concepts of in loco parentis, membership of the family, acceptance and treatment as a child of the family, which are found in the common law jurisdictions of Canada, New Zealand and the United Kingdom. By examining the relevant judicial decisions from these jurisdictions, it is possible to identify potential problems of interpretation and application and to suggest solutions which are consistent with both law and public policy.
- The Misuse of Adoption by the Custodial Parent and Spouse - Paula Barran Weiss
Canadian laws place no restrictions upon family adoptions, the adoption of a child by a custodial parent and his or her new spouse, other than requiring the consent of the non-custodial parent. The consent requirement is not a strict one, and it can be waived. Such adoptions may not be necessary or even in the child's best interests. The author examines the effects of family adoptions upon the child's legal status in light of the access rights of the non-custodial parent. Several alternaties to family adoptions are suggested and the author concludes by recommending that these alternatives be considered before a family adoption is permitted.
- Juvenile Probation in Metropolitan Toronto: An Empirical Study - Jennifer E. Babe & Rui M. Fernandes
The placement of a juvenile delinquent on probation often appears to be a haphazard procedure. On many occasions, there seem to exist no logical reasons for such a disposition. The authors examined 289 juvenile probation files from three probation offices in Metropolitan Toronto. From these sources, they endeavoured to isolate those factors which might motivate a Judge to place a juvenile delinquent on probation. Factors such as age, sex, family background, neighbourhood, the severity of the offence, the presiding Judge and the history of the accused's delinquencies were examined. This paper discusses the authors' findings and expresses some of their concerns over the results.
Review of Periodical Literature
- Carl A. Ridley, Dan J. Peterman, and Arthur W. Avery: "Cohabitation: Does It Make for A Better Marriage?" (1978), 27 Fam. Co-ord. 129.
- Katherine Catton and Jeffrey S. Leon: "Legal Representation and the Proposed Young Persons in Conflict with the Law Act" (1977), 15 Osgoode Hall L.J. 107.
- Patrick Gravely: "The Unified Family Court" (1978), 11 Gazette 90.
- Rubin Todres: "Runaway Wives: An Increasing North American Phenomenon" (1978), 27 Fam. Co-ord. 17.
In The Family Courts
- Re The Queen and Taylor
- Baker v. Baker
- Re Juvenile J.
- Racicot v. The Queen
- Re Juvenile J. (No. 2)
Casenotes
- A Modern Basis for Spousal Support (Mickelown v. Mickelown) - Edward F. Ryan
Book Reviews
- Louise Armstrong, Kiss Daddy Goodnight: A Speak-out on Incest. Hawthorn Books, Inc., New York. 1978. - Barbara Landau
- Terry Davidson, Conjugal Crime. Hawthorn Books, Inc., New York. 1978. - Bernard Green
- Malcolm W. Klein, Ed., The Juvenile Justice System. Sage Publications, Inc., Beverley Hills, Calif./Sage Publications Ltd., London, 1976. - Eric Moore
- Conseil canadien de l'enfance et de la jeunesse, Interdit aux mineurs - la place de l'enfant dans la société canadienne. C.C.E.J., Ottawa 1978. - Mireille Desjarlais-Heynneman