Ch.8 Exam Questions Changing Family Law Divorce Custody nan

Chapter 8

The Changing Family and Family Law: Marriage, Divorce, Support, and Custody

TRUE/FALSE

1. In Canada, the divorce rate hovers around 10 percent of all marriages.

2. Bill C-38 fails to provide equality of same-sex couples within civil unions in all Canadian provinces and territories.

3. The Civil Marriage Act, 2005 permitted uncontested divorces.

4. Partners who live together in a relationship resembling marriage can have legal obligations towards each other.

5. Canada’s diverse family situations exclude same-sex unions, common-law partners, dual-income families, and single parents.

6. Family law jurisdiction is shared by the provinces and the federal government.

7. The Divorce Act, 1968 allowed spouses to obtain a “no-fault” divorce.

8. Child custody and support, unlike divorce, are exclusively under the jurisdiction of the provincial courts.

9. Family law is a variant of contract law.

10. The Divorce Act of 1985, establishes three years of separation as a ground for divorce.

11. The Divorce Act of 1985 adopted the language recommended by the Canadian Bar Association and provides for divorce on the grounds “that a marriage has irretrievably broken down.”

12. Due to the serious consequences arising in divorce cases where adultery is alleged, the standard of proof is the more onerous burden of “beyond a reasonable doubt.”

13. As of 2005, adultery and cruelty are no longer grounds for divorce in Canada.

14. The Divorce Act of 1985 changed the support laws so that either a spouse or the children could be eligible for support but not both.

15. Under the provisions of the Divorce Act of 1985, spousal support would be denied to a spouse in financial need if they had not conducted themselves “properly” in relation to their marriage vows.

16. In divorce cases where the marriage had been “traditional,” in that the husband was the breadwinner and the wife a homemaker, the court may award lifetime periodic support payments.

17. The Divorce Act of 1985 sets out, in terms of claims for support, the expectation of self-sufficiency within a reasonable time.

18. In the 1999 decision of the Supreme Court of Canada in Hickey v. Hickey the court refused to order ongoing spousal support payments to a wife whose annual income was $30,000 as compared to that of the husband who earned close to $220,000.

19. Appellate courts routinely overturn support orders discounting the trial judge’s findings.

20. The Trilogy is a set of three cases that set the rules for child custody.

21. The non-custodial parent of a child is entitled to information concerning the child’s education, health, and welfare unless a court orders otherwise.

22. Under the Divorce Act of 1985 and provincial family acts, the courts may grant custody of children to someone other than their parents.

23. In making custody orders in divorce cases, the court may not make its decision based on the past conduct of the parents except as it affects the children.

24. In a British Columbia case, the judge denied a gay father overnight access to his child on the grounds that his child would be exposed to the “unnatural” relationship of two men sleeping together.

25. The adoption legislation of Canadian provinces is silent in terms of a child’s aboriginal heritage.

MULTIPLE CHOICE

1. Which statement best describes the status of same-sex couples as of July 2005?

a. They cannot be barred from marriage by religious organizations.

b. They are still not permitted to enter into civil unions in some provinces.

c. They are provided equality within civil unions within Canada.

d. They can marry only in the province of Ontario.

2. Which statement best describes the trend of divorces in Canada?

a. Divorces have increased since 1960.

b. Divorces have decreased since 1960.

c. Divorces have remained the same since 1960.

d. Divorces have increased between 1960 and 1985 and then decreased.

3. Which statement best describes what a spouse had to do to obtain a divorce in 1950, within certain Canadian jurisdictions?

a. The spouse had to apply to the Registrar of Divorce.

b. The spouse had to petition their member of parliament.

c. The spouse had to make an application to a provincial court judge.

d. The spouse had to file signed agreements to divorce in their lawyers’ office.

4. In order to obtain a divorce under the Divorce Act of 1968, a party had to prove that there were “grounds” to end the marital relationship. Which of the following situations was considered one of the grounds on which partners could obtain a divorce?

a. mental and physical cruelty

b. child abuse

c. alcohol addiction

d. failure to provide necessities of life

5. Which statement best summarizes why critics of the Divorce Act of 1968 argued that it should be amended?

a. It required mandatory mediation to resolve conflict, which was too time-consuming.

b. It required the children to testify in court to decide custody issues.

c. It escalated the conflict between spouses because of the assignment of blame requirement.

d. It could not be used to terminate marital relationships where one party was committing adultery.

6. Which statement best exemplifies the Divorce Act of 1985?

a. It is not in force in Quebec.

b. It is still in force today.

c. It cannot be used to resolve custody disputes.

d. It has been found to be unconstitutional because it offends peoples’ right to freedom of association.

7. How did the court define “cruelty” in the marital relationship in Knoll v. Knoll?

a. as a series of “trivial acts”

b. as a manifestation of marital incompatibility of temperament

c. as mere reproaches and constant carping criticisms

d. as the wanton, malicious, or unnecessary infliction of pain

8. In the 2004 case of S.(J.G.) v. S.(W.O.J.) the wife alleged cruelty based on a lack of intimacy and the defendant husband’s deviant sexual relationship with other women. Which statement best exemplifies the courts reaction to this complaint?

a. The court accepted the evidence of the wife that the marriage was intolerable and granted the wife’s petition for divorce.

b. The court did not find subjective or objective evidence of cruelty to the wife. One party mistreating the other is not sufficient grounds for a divorce based on cruelty.

c. The court accepted the evidence of the husband that the marriage was tolerable and refused to grant the wife a divorce.

d. The court accepted the evidence of the husband that the marriage was tolerable but granted the wife a divorce because she no longer wished to be married to her husband and refused to live with him.

9. The Divorce Act of 1985 was designed to foster the economic self-sufficiency of the spouses.

Why was it designed in this way?

a. It was designed to allow the wealthier spouse to move on to a new relationship faster.

b. It was designed to ensure that the children do not suffer financially as a result of the termination of the marriage.

c. It was designed to recognize that marriage is a financial partnership and women are equals in that partnership.

d. It was designed to force spouses who had not been employed outside of the home to re-marry again quickly so that someone else would have an obligation to support them.

10. Support provisions in the Divorce Act are:

a. intended to deal with the economic consequences of the breakdown of the marriage.

b. designed to compel husbands to pay alimony.

c. finding more defaulters in contempt.

d. all of the above

11. The 1985 Divorce Act requires the court to examine which four objectives concerning spousal support?

a. self-sufficiency, remarriage, children and fault

b. condition, means, needs and other circumstances

c. needs, future prospects, prejudice and employment

d. family ties, external resources, taxation and health

12. In which situation will a lifetime support order on divorce NOT be awarded?

a. if the paying spouse can prove that the recipient spouse is living with a new partner

b. if the paying spouse can prove that the recipient spouse wastes the money

c. if the recipient spouse has children from another relationship

d. if the recipient spouse has the ability to be economically self-sufficient within a reasonable period of time

13. Which statement best summarizes the Supreme Court of Canada’s decision on economic self-sufficiency in Moge v. Moge?

a. Economic self-sufficiency is irrelevant when making a spousal support order.

b. Economic self-sufficiency is one of four objectives of a spousal support order.

c. Economic self-sufficiency is the paramount consideration for the court to consider in support cases.

d. Economic self-sufficiency only applies in cases where the parties divided the family property evenly.

14. Why has the Supreme Court of Canada ruled that appeal courts should not overturn support awards made at trial?

a. Appeal courts are very often wrong.

b. The trial judge is in the best position to assess the evidence.

c. The appeal court is refused access to the financial data provided to the trial court.

d. Support cases should not on principle be appealed, therefore the appellate courts should discourage them as much as possible.

15. Why have legislators imposed a “best interests of the child test” in custody decisions?

a. Because this will allow children taking the “test” to be objectively assessed.

b. Because it ensures that the spouse with the most income will be awarded custody of the child.

c. Because the test is designed to subjectively assess the parenting abilities of each of the spouses.

d. Because the court can and should take into account all of the factors necessary to the best parenting of each child in each case.

16. In custody cases, the best-interests-of-the-child test is which of the following?

a. comprehensively defined by the legislation

b. highly subjective

c. given little weight

d. eclipsed by other societal values

17. What must the court, by law, do in cases where one or both of the parents is subsequently involved in a same-sex relationship?

a. consider the best interests of the child

b. refuse custody of the child to that person

c. consider the fact that society is homophobic

d. comment on the court’s position on the “impropriety” of the court

ESSAY

1. What social, political, and economic factors led to the enactment of the Divorce Act of 1968?

2. What are the key differences between the Divorce Act of 1968 and the Divorce Act of 1985? Why were these changes made? Do they improve the situation of the parties in the resolution of their family conflicts? What changes affected grounds for divorce, support, and custody.

3. One policy issue that is of considerable debate in family law is whether dependant spouses should be entitled to life-long support or whether they should be forced into economic self-sufficiency even in cases of considerable differences in financial position. What are the arguments advanced in these two positions and how have they been addressed in the relevant case law?

4. What issues does the court take into consideration when making custody orders? What are the types of orders that the court can make? To what extent are the various issues raised, relevant to the court’s final order?

5. Compare the court’s language in the following cases Barkley, Case, and Monk as it relates to the issues of child custody for lesbian and gay parents. How would you decide these cases? What is your reasoning.