Mardi Gras: Article Analysis

In recent decades, there has been a shift in the definition of a family to better suit the new emerging alternative family arrangements in today’s society. A family is defined as the natural and fundamental group unit of society especially in relation to the upbringing of children. However, this Eurocentric, nuclear family construct has evolved as alternative family arrangements such as de-facto and same sex relationships as well as adoptive families have become part of the term ‘family’. The domestic legal system has introduced and amended laws to deal with these contemporary issues. Similarly, there are non-legal responses such as the media and various non-governmental organisations, which advocate for various changes to the law in order to achieve greater justice for these families.

H, 1999, para 9 &13). After separation, M “sought an order for partition and sale of the house and other relief” and spousal support under the Family Law Act” (para14). Both M and H settled their financial disputes (para18). However, M challenged the s.29 of the FLA and argued that definition of spouse in the act was only apply to heterosexual married couples and to unmarried couples who cohabited for maximum for three year (para 50) .The Supreme Court of Canada held that the s.15 (1) of the Charter is infringed by the Family Law Act. Further, the impugned legislation is not saved under s. 1 of the Charter (134). In addition, the FLA constructs distinction between the same-sex couples and opposite-sex couples that resulted in unequal benefits and protection to the claimants and also make same-sex couples vulnerable (para 62, 69). The Supreme Court of Canada declared remedy and gave Ontario six month to change the definition of the spouse (147).

The processes and laws regulating property orders for divorcing couples are found in Part VIII of the FLA. In Australia the main requirement of property division is coming to an outcome that is just and equitable for both parties on a case-to-case basis (Mallet V Mallet (1984)). When deciding upon this, three considerations are

The definition of family is a group consisting of one to two parents and their children. This definition does not say that the parents have to be one male and one female. There are many families that consist of two female parents or two male and parent and children; you rarely saw this in the 1960s but today you seemed to see this type of family more frequently.

The earning ability of both spouses is also looked at to determine the needs of each spouse in this situation. If one spouse made career sacrifices to benefit the other spouse during the duration of the marriage, then that sacrifice is part of the decision of the court. Also significant is the current and future educational expenses of any mutual children involved, and the ability for each spouse to contribute to the cause. The cost of additional training for the one wanting spousal maintenance, which could allow for more self-sufficiency also enters the

A family consists of a group of interacting individuals related by blood, marriage, cohabitation, or adoption who interdependently perform relevant functions by fulfilling expected roles. (Edelman, Kudzma, & Mandle, 2014, p. 150)

Conventional families:Family is a network of interpersonal rights and obligations arising out of birth and marriage and extends across household boundaries. Personal choice is allowed for to some extent, as in marriage.Family ties are seen as binding together people of all ages and sex categories into groupings whose members feel responsibility to provide and supports each other. Such interdependence within families is seen as the moral basis of society, and therefore as requiring compromise of purely personal interests.

So, what is a family? A family is a group of people who live with,

While a popular catchphrase states that “family is a circle of friends that love you”, from a legal standpoint, the word “family” requires definition. Traditionally, a family has been defined as a married heterosexual couple and their children, but as more and more states are legalizing same-sex marriage, new questions arise. Regardless of one's position about whether gay marriage should be legal, it is clear that the definition of family is changing and the legal system will need to address these changes. Whether it is determining who should be a custodial parent, clarifying adoption processes, or implementing legal protections in cases of divorce, family law must grow and change along with the definition of family.

1.The Family Law Act 1975 (Cth) defines a family as “the natural and fundamental group of society, while responsible for the care and education of dependant children”

There are many different definitions about what the family is. Different theoretical positions influence these variations. For example, the functionalist sociologist George Peter Murdock defines the family as “a social group characterized by common residence, economic co-operation and reproduction. It includes adults of both sexes, at least two of whom maintain

The notion of being part of a family is a very important part of cultures around the world, and the idea of family itself is a common theme in a large variety of entertainment media, but what really is a “family?” In Richard T. Schaefer’s 8th edition of Sociology A Brief Introduction, the word family is defined as “a set of people related by blood, marriage or some other agreed-upon relationship, or adoption, who share the primary responsibility for reproduction and caring for members of society (288). The idea of a nuclear family, in which a family consists of a married couple and their unmarried kids, fits in very well with this definition of a family, and is thought of to “traditional” family norm (Schaefer, 289). Alternatively, Urban Dictionary’s top definition of family provides a more broad view of the notion of family, defining it as “a group of people, usually of the same blood (but do not have to be), who genuinely

Family is one of the hardest words to define. There are many definitions and thoughts of what a family consists of. When one accepts the definition of the census family given by Statistics Canada then a family becomes “a married couple and the children, if any… a couple living common law and the children, if any… a lone parent with at least one child living in the same dwelling… grandchild living with grandparents but no parents present… Census families can be opposite or same sex and children may be adopted, by birth, or marriage and all members must be living in the same dwelling” (Baker 2014). With family being such a difficult term to agree on, the creation of a complex study of family life emerges. The factors that influence family life are put into three theory categories; Social Structure, Interpersonal Factors, as well as Ideas, Global Culture, and Public Discourse.

in divorce from the 1970’s to 2012 (ONS, 2012). It could be argued that children are

According to the Australian Bureau of Statistics, the definition states that in order to be classified as a family, it must consist of two or more people, where at least one person must be above the age of fifteen and must share a common value of either one of the following; blood, marriage (Registered or de facto), adoption, step or fostering who all usually live in the same household (Habibis, 2012). It is obvious how diverse and ever growing a family is in the twenty first century since the start of the nuclear family expectations (Poole, 2005). For example, the decline in fertility means that families don’t necessarily require children; therefore a group of two, ensuring the prerequisites are met, is now considered a ‘family’. Although this new classification of ‘family’ has broadened and placed a