Volume 4, Number 1, 1983
Articles
- The Hague Convention on International Child Abduction Comes to Canada - Keith B. Farquhar
The general effect of the Convention is to give pre-eminence to the laws and decrees of the state of the child's habitual residence in matters relating to his custody. The Articles of the Convention and their possible implications for Canadian law are analysed in terms of the aim of the Hague Conference: to reduce the number of legal conditions which facilitate the abduction of children by the non-custodial parent. The author explains the scheme of the Central Authority, the agency designed to assist in the prompt location and return of abducted children. Deficiencies in the implementing legislation of the Canadian provinces which have adopted the Convention may retard the achievement of its aims.
- Negotiating Family Settlements Benefits and Barriers - John H. Wade
Both counsellors and lawyers can agree that a constructive negotiated settlement is a more desirabl end to a marriage than protracted litigation but they may disagree on how to achieve one. Barriers to settlement originate with the parties, the lawyers, the helping professions or their interaction. Elements of common and statute law which facilitate settlement or encourage litigation are identified and the author suggests ways in which the goal of a negotiated settlement can be approached by family lawyers.
- The SPllumcheen Indian Band By-Law and its Potential Impact on Native Indian Child Welfare Policy in British Columbia - John A. MacDonald
Provincial Government Child Welfare policies have had a profound effect on Native Indian families in British Columbia. This paper outlines the social problems which led to the creation of the Spallumcheen Indian Band Child Welfare By-Law and critically examines the agreement reached between the band and the Provincial Ministry of Human Resources. Finally, the author considers the significance of the by-law and its potential influence on future policy decisions.
Review of Periodical Literature
- Rosalie S. Abella, "Family Law in Ontario: Changing Assumptions" (1981), 13 Ottawa L. Rev. 1. - James Fraser
- Nicholas Bala, "Consequences of Separation for Unmarried Couples: Canadian Developments: (1980), 6 Queen's L.J. 72 - James Fraser
- H.A. Finlay, "Defining the Informal Marriage" (1980), 3 U.N.S.W.L.J. 279 - James Fraser
- Allan M. Kaufman, "Group Homes for the Mentally Retarded: Do These Homes Qualify as Permitted Uses in Residential Areas Zoned for the Single Family?" (1982), 12 Man. L.J. 43 - Anu Rehtlane
- A. J. McClean: "Matrimonial Property - Canadian Common Law Style" (1981), 31 U. of Toronto L.J. 363 - Carmel Wiseman
- Gary B. Melton, "Children's Competency to Testify" (1981), 5 Law and Human Behaviour 73 - Carla Forth
- Andree R. Mondor, "Le Nouveau Droit de la Famille" (1982), 22 R.F.L. (2d) 422 - Catherine Morton
- Wilfred Oppel, "Step-Parent Adoptions in Nova Scotia and British Columbia" (1981), 6 Dalhousie L.J. 631 - Carmel Wiseman
- Julien D. Payne and Kenneth L. Kalish, "A Behavioral Science and Legal Analysis of Access to the Child in Post-Separation/Divorce Family" (1981), 13 Ottawa L.R. 215 - James Fraser
- Mary L. Stanley, "One Must Ride Behind, "Married Women's Rights and the Divorce Act of 1857" (1982), 25 Victorian Studies 355 - Penny Washington
- Freda M. Steel, "The Award of Maintenance Subsequent to the Decree Nisi: A Question of Jurisdiction or Discretion?" (1981), R.F.L. (2d) 33 - Carmel Wiseman
In The Family Courts
- Rhoads v. Rhoads
- Dingwall v. Beddoe
- Re Adoption of C.O.B.B.
- Re Standberry Adoption
- Re Shewraj
- Re Children's Aid Society of Kenora and Janis L.
- McKenna v. McKenna
Book Reviews
- Winfred H. Holland, Unmarried Couples: Legal Aspects of Cohabitation. (Toronto: Carswell, 1982). - Donald J. MacDougall