Citation

Leckey R. Fem. Leg. Stud. 2023; ePub(ePub): ePub.

Copyright

(Copyright © 2023, Holtzbrinck Springer Nature Publishing Group)

DOI

10.1007/s10691-023-09522-z

PMID

unavailable

Abstract

This paper contributes to international feminist debates on shared parenting and family violence via reforms to Canada's Divorce Act, in force since 2021. Looking backwards, it reviews parliamentary debates and early judicial discussions. The documentary review reads the reforms as an unstable compromise between calls from feminist voices and experts on family violence and from groups representing fathers. Family violence is now defined broadly and declared relevant to children's welfare. But language in the statute may undermine its seriousness. Exposing the tensions underlying these reforms is useful for Canadian participants in family justice and for scholars, practitioners, and policymakers elsewhere, exemplifying the promise and perils of reform in this area. Looking ahead, the paper offers recommendations to higher courts. Appellate judges should read rules on contact with both parents and parental cooperation in the light of the new recognition of family violence, taking the latter as an overarching objective of the statute.



Correction to: Feminist Legal Studies https://doi.org/10.1007/s10691-023-09522-z

In the original publication, one of the reference citations (Koshab et al. 2021a) and its additional source of citation (Neilson and Boyd 2020) were swapped in the third paragraph of the section "Concern for family violence as an overarching objective?". The correct order of the citation is provided below.

Specifically, those abiding "'friendly parent provisions' should be read in light of the provisions... that emphasize and require consideration of family violence and that prioritize safety and emotional security and well-being for a child" (Koshan et al. 2021a, section 2.2.4; see also Neilson and Boyd 2020, 8-9).

This version of the article has been corrected.

Language: en

Keywords

Best interests of the child; Contact; Family law reform; Family violence; Shared parenting