Mardi Gras: Article Analysis

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

Identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues

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).

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)

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 family is defined as a group of people who are very close emotionally to each other, often having lived together for a long time and have shared values and traditions, but also a group consisting of parents and children living together in a household, which is designed to be suitable for children as well as adults.

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.

As time had progressed the definition of a family has changed drastically. What one would have considered a family in early centuries has truthfully changed from what one would consider a family in today’s society. During earlier centuries a family consisted of a father, mother and their children; however that is no longer the case for most families in American society today. In American society families are defined in many different facets such as the traditional family, blended families, single parent homes and homosexual families. Regardless of the components of the family, one must understand that a family is a unit in which there is an adult providing the basic needs and wants of the children in which they have been entrusted. As time progresses America will continue to define and enhance the definition of the term family. Although society may continue to change and enhance the definition of society the traditional family structure that America was known for is slowly fading away as the concept of blended, single parent and homosexual families become the new norm for lives of many Americans.

The Law Commission’s Report has proposed that there should be legislative reform to create nuptial agreements that are in a prescribed form and adhere to certain safeguards, legally binding. A nuptial agreement that meets the criteria is called a ‘qualifying ' nuptial agreement and would allow married couples and civil partners to make an agreement as to how their assets should be divided when they to separate. The court will be prevented from making orders inconsistent with the terms of the qualifying nuptial agreement as long as they meet the parties needs and is in the interest of a child of the family.

Family. A word that has about as many meanings as there are stars in the sky. Can family truly be defined, or is it merely interpretive? According to Seccombe, family is a relationship by blood, marriage, or affection, in which members may cooperate economically, may care for children, and may consider their identity to be intimately connected to the larger group (Seccombe 4). Although I do agree with the above explanation of family, I believe that it is inadequate in that it only supplies a framework of family rather than the duties and purpose. To me, family is a unit of individuals, related or not, that symbolize and exude comfort, solace, and support through all the trials and triumphs life throws our way.

With our rapid and perpetually changing society, we find that with time everything changes. Many of these changes include: fashion, trends, communication, technology, and also family. It may seem as if family does not have the ability to change, but recent studies suggest otherwise. A family, according to the Merriam-Webster dictionary, “is a group of individuals living under one roof and usually under one head.” This definition still holds true today; however, the parameters seem to be blurred due to rapid changes in our society. Since the mid-1900s researchers have been seeing a trend in that our idea of a family has been changing. With recent events such as the legalization of gay marriage, the term family seems to be evolving. Traditionally, a family is associated with: a father, who is the bread winner; a mother, who is the the caretaker for the family; and the children of the mother and father.

What does family mean? On Dictionary.com, family means “a basic social unit consisting of parents and their children.” Family is all about being together to help each other. Connections inside of a family is what ensures a secure environment for children to feel safe in. In order for a child to feel safe, the basic needs a family should provide care, support, and time.

A family is two or more people who consider themselves family and who assume obligations, functions, and responsibilities generally essential to healthy family life. (Barker, 1999. p.155). Families create patterns that are passed on from grandparents to parents and from parents

There are many ways to define the word family. ‘For some it is easy to define what the family should be, namely a heterosexual conjugal unit based on marriage and co-residence.’ (Silva and Smart, 2004) Which follows on and connects with the definition that a family is "a fundamental social group in society typically consisting of one or two parents and their children." (Oxford Dictionaries / English 2017) However, in today’s society, this definition excludes many other modern family structures. Another definition of family is ‘two or more people who share goals and values, have long-term commitments to one another and reside usually in the same dwelling.’

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.