DOCSLIB.ORG

INFORMATION BULLETIN June 2012 New Family Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
INFORMATION BULLETIN June 2012 New Family Law INFORMATION BULLETIN June 2012 New Family Law Act Table of Contents I. Background 3 II. Importance of Family Law to Women Who Are Victims of Violence in Relationships 5 III. Significant Changes in the Family Law Act for Women Who are Victims of Violence in Relationships 5 IV. Overview of Key Provisions Related to Family Violence 6 FLA Part 1 – Definitions 6 FLA Part 2 – Resolution of Family Law Disputes 7 FLA Part 4 – Care and Time with Children 7 FLA Part 7 – Child and Spousal Support 11 FLA Part 9 – Protection from Family Violence 11 FLA Part 10 – Court Processes 16 FLA Part 12 – Regulations 18 FLA Part 13 – Transitional Provisions 19 FLA Part 14 — Repeals, Related Amendment and 19 Consequential Amendments V. Implementation Issues 20 VI. Conclusion 21 VII. References 23 New Family Law Act Implications for Anti-Violence Workers, June 2012 2 INFORMATION BULLETIN June 2012 New Family Law Act Implications for Anti-Violence Workers1 The new provincial Family Law Act (FLA) received Royal Assent on November 24, 2011, fundamentally altering the way family law matters will be handled in BC. The new Act contains important and far reaching provisions intended to provide better protection for women and children experiencing violence in the family context. While the FLA has now passed through the legislature, most of its sections will not come into force until a regulation to this effect is enacted by Cabinet. The BC Ministry of Justice has announced that this will take place on March 18, 2013. This Information Bulletin will provide an overview of the changes to family law contained in the FLA. The focus here is on changes that will have the most impact on women and children who experience violence in their intimate relationships or in the family context. I. Background The new FLA is the culmination of a number of key initiatives: • In 2002, a Justice Review Task Force was established on the initiative of the Law Society of BC, in partnership with the Ministry of Attorney General2, the judiciary and the legal profession. Its mandate was to identify ideas and initiatives that might enhance the responsiveness, accessibility, and cost-effectiveness of the justice system, including the family justice system. • In 2005 the Task Force’s Family Justice Reform Working Group released its report, A New Justice System for Children and Families, recommending significant changes to the family justice system to make it more accessible, effective and focused on the needs of children and families. It recommended, among other things, that dispute resolution processes be more sensitive to family violence. 1 This document is for general information only. It is not intended to be, and cannot be relied upon, as legal advice. 2 Now the Ministry of Justice New Family Law Act Implications for Anti-Violence Workers, June 2012 3 • In 2006, BC’s Attorney General announced a review of the Family Relations Act to bring the law into line with current realities and find ways to support cooperative approaches to dispute resolution. • In 2007, the Ministry of Attorney General released 14 discussion papers, including one on family violence, which formed the basis for three phases of consultation. • In 2009, the Ministry released the Report of Public Consultations. The Ending Violence Association of BC (EVA BC) and Community Coordination for Women’s Safety (CCWS) submitted a brief at this stage. • In 2010, the White Paper on Family Relations Act Reform: A Proposal for a New Family Law Act was released, providing a general outline of what new legislation might look like and inviting public comment. Again, EVA BC and CCWS submitted a brief. • In 2011, the Family Law Act received Royal Assent. However, aside from consequential amendments to other Acts, which will come into force immediately, the rest of the Act will not come into force on March 18, 2013, to allow time to inform family law lawyers and service providers about the extensive changes and to allow for necessary rule changes. In addition to submitting written briefs as part of the formal government consultation, EVA BC has had several opportunities throughout this process to provide informal feedback and comment on the development of this legislation. EVA BC’s input to date has focused on a number of factors including the need for: • better coordination between civil and criminal systems; • effective protective measures for women and children with their safety being a paramount consideration; • straightforward mechanisms to enforce foreign protection orders; • adequately funded community based services to support women disclosing domestic violence in the family law context, particularly for those women who are particularly marginalized including immigrant and aboriginal women; • adequate legal aid coverage to ensure access to justice, particularly for immigrant and refugee women who may have complex immigration matters to deal with in addition to the family law dispute; • training and a comprehensive implementation plan to ensure that the new law’s protective measures have teeth3. EVA BC member agencies and their clients also played a key role by providing feedback during the development process. 3 EVA BC/CCWS’ written brief in response to the Ministry of Justice White Paper can be accessed on EVA BC Website at www.endingviolence.org. New Family Law Act Implications for Anti-Violence Workers, June 2012 4 The new FLA reflects a growing awareness of the need to consider safety concerns for women and children in the family law system. This is an important step forward. How the act is implemented and interpreted is the next key stage of the reform process. EVA/CCWS continues to engage in discussions with government and members of the legal community to monitor progress and ensure that safety remains a fundamental concern. II. Importance of Family Law to Women who are Victims of Violence in Relationships Front line service providers know, and the literature indicates, that violence against women escalates during or immediately after separation or divorce. Murder of a female partner is most likely to occur in the context of marital separation or divorce. Therefore, it is extremely important that family law take into account the safety of women and their children. Only a small minority of women who are victims of domestic violence report to police. Therefore, the only support or protections that many of these women seek out are accessed through the family law system: family law protection orders and referrals from family justice personnel. For this reason it is critical that the family law system effectively addresses safety for women who are victims of domestic violence. Women’s experience is that the family justice process does not necessarily result in justice or protection for them if they are victims of domestic violence. We know that the courts can be used by abusive men to further victimize women in a number of ways. Out-of-court mediation processes can also be used to further disempower women who are victims of violence. It is essential that safeguards be built into the family justice system that take account of the particular vulnerabilities of women who are victims of violence, and their children, and that enhance rather than further threaten their safety. III. Significant Changes in the Family Law Act for Women who are Victims of Violence in Relationships The focus of the FLA is that, where appropriate, court will not be the primary or first approach taken to resolve family disputes. The FLA provides a range of non-court options for resolving family conflict, while at the same time improving available court responses. At the same time, the FLA also includes an overarching focus on safety for children and specifically takes into account family circumstances that include family violence. New Family Law Act Implications for Anti-Violence Workers, June 2012 5 The act provides women who are going to court regarding parenting arrangements an avenue to address issues of violence, power, and control. The legislation takes account of the circumstances in which the child lives, including current and past parenting arrangements and the nuances of the dynamics of coercion and violence. IV. Overview of Key Provisions Related to Family Violence4 While the FLA as a whole is important for women in BC, certain sections are of particular significance for women who are victims of domestic violence. These provisions are outlined here. A. FLA Part 1 – Definitions Family Law Act s.1 Definition of family violence The FLA now includes a definition of family violence, as follows: 1 "family violence" includes (a) physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm, (b) sexual abuse of a family member, (c) attempts to physically or sexually abuse a family member, (d) psychological or emotional abuse of a family member, including (i) intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property, (ii) unreasonable restrictions on, or prevention of, a family member's financial or personal autonomy, (iii) stalking or following of the family member, and (iv) intentional damage to property, and (e) in the case of a child, direct or indirect exposure to family violence; 4 Please note that in this Information Bulletin we have excerpted portions of the relevant sections of the FLA Bill. The complete text of the Act as passed in the legislature is available
Load more

Recommended publications
  • Family Law (Guardianship of Minors, Domicile and Maintenance) Act
    LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE) ACT CHAPTER 46:08 Act 15 of 1981 Amended by 20 of 1985 *14 of 1988 104 of 1994 28 of 1995 66 of 2000 *See Note on page 2 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–70 .. 1/2006 L.R.O. 1/2006 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Family Law (Guardianship of Minors, 2 Chap. 46:08 Domicile and Maintenance) Index of Subsidiary Legislation Page Maintenance Rules (LN 89/1983) … … … … … 40 Note on Act No. 14 of 1988 For an order under section 13(2), 13(5), 13(6)(a), 13(6)(b), 14(1)(b), and 15(b), see paragraph 3 of Schedule 1 to the Attachment of Earnings (Amendment) Act, 1988 (Act No. 14 of 1988). Note on section 13 Orders for Custody and Maintenance For an order for custody and maintenance on the application of a parent under section 13 of the Act see Order 86 of the Rules of the Supreme Court (1975) which is inserted as an Appendix to this Act. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Family Law (Guardianship of Minors, Domicile and Maintenance) Chap. 46:08 3 CHAPTER 46:08 FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE) ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. GENERAL PRINCIPLES 3.
    [Show full text]
  • Support and Property Rights of the Putative Spouse Florence J
    Hastings Law Journal Volume 24 | Issue 2 Article 6 1-1973 Support and Property Rights of the Putative Spouse Florence J. Luther Charles W. Luther Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Florence J. Luther and Charles W. Luther, Support and Property Rights of the Putative Spouse, 24 Hastings L.J. 311 (1973). Available at: https://repository.uchastings.edu/hastings_law_journal/vol24/iss2/6 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Support And Property Rights Of The Putative Spouse By FLORENCE J. LUTHER* and CHARLES W. LUTHER** Orequire a "non-husband" to divide his assets with and to pay support to a "non-wife" may, at first glance, appear doctrinaire. How- ever, to those familiar with the putative spouse doctrine as it had de- veloped in California the concept should not be too disquieting. In 1969 the California legislature enacted Civil Code sections 4452 and 4455 which respectively authorize a division of property1 and perma- nent supportF to be paid to a putative spouse upon a judgment of an- nulment.' Prior to the enactment of these sections, a putative spouse in California was given an equitable right to a division of jointly ac- quired property,4 but could not recover permanent support upon the termination of the putative relationship.5 This article considers the ef- fect of these newly enacted sections on the traditional rights of a puta- tive spouse to share in a division of property and to recover in quasi- contract for the reasonable value of services rendered during the puta- * Professor of Law, University of the Pacific, McGeorge School of Law.
    [Show full text]
  • Committee of Experts on Family Law (Cj-Fa)
    Strasbourg, 21 September 2009 CJ-FA (2008) 5 [cj-fa/cj-fa plenary meetings/38 th plenary meeting/working documents/cj-fa(2008) 5e] COMMITTEE OF EXPERTS ON FAMILY LAW (CJ-FA) A STUDY INTO THE RIGHTS AND LEGAL STATUS OF CHILDREN BEING BROUGHT UP IN VARIOUS FORMS OF MARITAL OR NON-MARITAL PARTNERSHIPS AND COHABITATION A Report for the attention of the Committee of Experts on Family Law by Nigel Lowe Professor of Law and Director of the Centre for International Family Law Studies Cardiff Law School, Cardiff University, United Kingdom Document prepared by the Secretariat of the Directorate General of Human Rights and Legal Affairs The views expressed in this publication are the author’s and do not necessarily reflect those of the Council of Europe. I. TERMS OF REFERENCE AND FORM OF REPORT The basic terms of reference of this report are: • to undertake an investigative study into the rights and legal status of children being brought up in various forms of marital or non-marital partnership and cohabitation; • to make proposals concerning a possible follow-up. An important backdrop to this study is the existence of: 1. certain Council of Europe instruments, namely, the 1975 European Convention on the Legal Status of Children Born Out of Wedlock , which has long been recognised as in need of modernising, 1 and the not unrelated Recommendation No R (84) 4 on Parental Responsibilities and the “White Paper” On Principles Concerning the Establishment and Legal Consequences of Parentage ,2 which has not yet been followed up; and 2. human rights instruments, in particular the United Nations Convention on the Rights of the Child 1989 (“CRC”), to which all Council of Europe Member States are Parties, and by which State Parties are enjoined 3 to respect and ensure the Convention rights for each child within their jurisdiction are applied without discrimination of any kind .
    [Show full text]
  • Chapter 10.21 Family Courts PDF, 125 KB
    10.21 Family courts Purpose This procedure outlines the interface between the department and family courts, including the process for: responding to information about harm or risk of harm to a child subject to family court orders or proceedings, or whose parents reside separately responding to a family court order, including Magellan matters, requesting intervention by the department undertaking an investigation and assessment, where there is an interface or potential interface with the family court or family court orders intervention by the department when a child requires protection from a parent who has a parenting order, or where there are current proceedings in a family court or the child’s parents reside separately. Key steps 1. The family courts and child protection interface 2. Exchange of information 3. Assess information received about harm or risk of harm 4. Respond to an order requesting intervention by the department - section 91B orders 5. Undertake an investigation and assessment 6. Respond to a child in need of protection What ifs - responding to specific family court matters Standards 1. A child of separated parents is afforded the same right to protection and intervention by the department, as other children. 2. A decision to intervene in a family court proceeding, or to provide documentation for a family court application or proceedings, is made only after consultation with Court Services. 3. Documentation to be provided to a parent, in relation to a family court application (other than a letter to a parent under the Child Protection Act 1999, section 15(2)), is forwarded to Court Services in the first instance (for quality assurance), and is signed by a CSSC manager.
    [Show full text]
  • Changes Made to the Canadian Divorce Act and Included in the New Brunswick Family Law Act As of March 1, 2021
    Changes made to the Canadian Divorce Act and included in the New Brunswick Family Law Act as of March 1, 2021 The Divorce Act and Family Law Act will REPLACE the following terminology: Terms used in relation Terms used before to separating couples Definition March 1, 2021 March 1, 2021 onwards Parenting time is defined as the period during which an Access (parental) Parenting Time individual is primarily responsible for the child, including when the child is in school or daycare. A family member other than a parent, or another significant person in the child’s life (such as grandparent), may ask the court for leave to apply for a contact order to see the child. A contact order, if granted, would allow the person to spend time with or to communicate with the Access (non-parent) Contact Order child. A decision about whether to make a contact order would be made based on the best interests of the child. Persons with contact orders are not automatically entitled to make day-to-day decisions about the child during contact. Decision-making responsibility means the responsibility for making significant decisions about a child’s well-being, including in respect of: (a) health (such as whether to undergo a medical procedure) Decision-Making Custody (b) education (such as choice of school) Responsibility (c) culture, language, religion and spirituality (such as which faith the child will follow, if any) (d) significant extra-curricular activities (meaning activities that require a relatively large investment of the parent’s time or financial resources) An order made under the Divorce Act or Family Law Act.
    [Show full text]
  • Cincinnati Law Review
    UNIVERSITY OF CINCINNATI LAW REVIEW PUBLISHED QUARTERLY BY THE BOARD OF EDITORS VOLUME 56 1987 No. I EQUALITY AND DIFFERENCE: A PERSPECTIVE ON NO-FAULT DIVORCE AND ITS AFTERMATH* Herma Hill Kay** INTRODUCTION Nearly twenty years ago, in 1969, California adopted the first no- fault divorce law in the United States.' In the briefer span of ten years within that period, beginning in 1972, the nation participated in an intense debate over the proper roles of women and men as Congress proposed and the state legislatures debated whether to ratify an Equal Rights Amendment (ERA) to the United States Con- * A shorter version of this paper was delivered on April 3 and 4, 1986, as the Robert S. Marx Lectures at the College of Law, University of Cincinnati. ** Professor of Law, University of California at Berkeley. B.A. 1956, Southern Methodist University;J.D. 1959, University of Chicago. The author was a member of the California Governor's Commission on the Family; Co-Reporter of the Uniform Marriage and Divorce Act; and a Co-Investigator on the California Divorce Law Research Project (Dr. Lenore Weitzman, Principal Investigator). I am grateful to my research assistant, Barbara Flagg, for her help. Editor's Note: In Ohio, the syllabus of an opinion of the Ohio Supreme Court states the controlling points of law. See Rule I(B) of the Ohio Supreme Court Rules for the Reporting of Decisions. Because the text of opinions merely discusses these controlling points of law, the University of Cincinnati Law Review cites to the syllabi wherever possible. 1.
    [Show full text]
  • DISCUSSION PAPER No170)
    (DISCUSSION PAPER No170) Aspects of Family Law Discussion Paper on Cohabitation discussion paper Aspects of Family Law Discussion Paper on Cohabitation February 2020 DISCUSSION PAPER No 170 This Discussion Paper is published for comment and criticism and does not represent the final views of the Scottish Law Commission NOTES 1. Please note that information about this Discussion Paper, including copies of responses, may be made available in terms of the Freedom of Information (Scotland) Act 2002. Any confidential response will be dealt with in accordance with the 2002 Act. We may also (i) publish responses on our website (either in full or in some other way such as re-formatted or summarised); and (ii) attribute comments and publish a list of respondents' names. 2. Where possible, we would prefer electronic submission of comments. A downloadable electronic response form for this paper as well as a general comments form are available on our website. Alternatively, our general email address is [email protected]. 3. Please note that all hyperlinks in this document were checked for accuracy at the time of final draft. 4. If you have any difficulty in reading this document, please contact us and we will do our best to assist. You may wish to note that the pdf version of this document available on our website has been tagged for accessibility. 5. © Crown copyright 2020 You may re-use this publication (excluding logos and any photographs) free of charge in any format or medium, under the terms of the Open Government Licence v3.0. To view this licence visit http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3; or write to the Information Policy Team, The National Archives, Kew, Richmond, Surrey, TW9 4DU; or email [email protected].
    [Show full text]
  • M V. H: Time to Clean up Your Acts
    Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 1999 M v. H: Time to Clean Up Your Acts Brenda Cossman Osgoode Hall Law School of York University Bruce Ryder Osgoode Hall Law School of York University, [email protected] Source Publication: Constitutional Forum. Volume 10, Number 3 (1999), p. 59-64. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Cossman, Brenda, and Bruce Ryder. "M v. H: Time to Clean Up Your Acts." Constitutional Forum 10.3 (1999): 59-64. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. M v. H: TIME TO CLEAN UP YOUR ACTS Brenda Cossman and Bruce Ryder In the 1990s, the Supreme Court of Canada twice THE MAJORITY'S RULING found ways to avoid dealing with the implications of anti-discrimination law for the rights of gay and lesbian By an 8-1 majority, the Court held in Mv. H that couples. In Mossop,' a majority of the Court fashioned a section 29 of the Ontario Family Law Act7 discriminated ruling that amounted to a postponement of an on the basis of sexual orientation by excluding lesbians engagement with the question of whether the law 2 and gay men from the right to seek spousal support from requires the recognition of gay family status.
    [Show full text]
  • Here the Sexual Acts Have Been Perpetrated Against a Child Then This Act Should Be Treated As Child Sexual Abuse/Assault Under the Law
    Pre-amble This resource was originally published in 1996. Written by the workers of the Brisbane Rape and Incest Crisis Centre (BRICC, the predecessor of BRISSC), the resource provided a feminist explanation for why rape happens, a political analysis of incest, and the way it was responded to in legal and social contexts such as the family and sexuality. In relation to the term ‘incest’, BRISSC is more likely to use sexual violence as a child or child sexual assault/abuse to describe sexual violence perpetrated against a child by a family member. In the legal sense incest continues be described as sexual acts between family members, however the law also states that where the sexual acts have been perpetrated against a child then this act should be treated as child sexual abuse/assault under the law. In preparing this edition for publication on the web we have tried to maintain the original focus and text as much as possible however some changes have been made to ensure information is current. The first chapter now refers to Brisbane Rape and Incest Survivors Support Centre or BRISSC rather than Brisbane Rape and Incest Crisis Centre or BRICC to reflect the current service. Across all other chapters the original text has been maintained and refers to Brisbane Rape and Incest Crisis Centre or BRICC rather than the Brisbane Rape and Incest Survivors Support Centre or BRISSC. The original booklet included information about services for women. This section has not been published here as information about service providers can be located through our links page.
    [Show full text]
  • Marriage and Divorce Conflicts in the International Perspective 487
    ESTIN - FOR PUBLICATION(DO NOT DELETE) 4/21/2017 10:37 AM MARRIAGE AND DIVORCE CONFLICTS IN INTERNATIONAL PERSPECTIVE ANN LAQUER ESTIN* TABLE OF CONTENTS INTRODUCTION ............................................................................................... 485 I. EXCEPTIONALISM AND AUTONOMY IN FAMILY LAW....................... 488 A. Family Law Exceptionalism ................................................................ 488 B. Party Autonomy .................................................................................. 491 II. MARRIAGE VALIDITY AND RECOGNITION .......................................... 491 A. Marriage and Human Rights ............................................................... 494 B. Globalized Marriage ............................................................................ 497 C. Marriage Alternatives .......................................................................... 499 III. DIVORCE ...................................................................................................... 501 A. Jurisdiction and Choice of Law ........................................................... 502 B. Recognition of Divorce Decrees .......................................................... 503 IV. FINANCIAL INCIDENTS OF MARITAL AND PARTNER RELATIONSHIPS ................................................................................... 506 A. Litigating Financial Matters ................................................................ 507 B. Recognition of Financial Judgments ..................................................
    [Show full text]
  • With Marriage on the Decline and Cohabitation on the Rise, What About Marital Rights for Unmarried Partners?
    University of Michigan Law School University of Michigan Law School Scholarship Repository Law & Economics Working Papers 10-29-2015 With Marriage on the Decline and Cohabitation on the Rise, What about Marital Rights for Unmarried Partners? Lawrence W. Waggoner University of Michigan Law School, [email protected] Follow this and additional works at: https://repository.law.umich.edu/law_econ_current Part of the Family Law Commons, Law and Economics Commons, Taxation-Federal Commons, and the Tax Law Commons Working Paper Citation Waggoner, Lawrence W., "With Marriage on the Decline and Cohabitation on the Rise, What about Marital Rights for Unmarried Partners?" (2015). Law & Economics Working Papers. 123. https://repository.law.umich.edu/law_econ_current/123 This Article is brought to you for free and open access by University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Law & Economics Working Papers by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Waggoner: WITH MARRIAGE ON THE DECLINE AND COHABITATION ON THE RISE, WHAT ABOUT MARITAL RIGHTS FOR UNMARRIED PARTNERS? 41 ACTEC L.J. (pts. 1 & 2) (forthcoming Jan. & Feb. 2016)* Lawrence W. Waggoner** Part I of this paper uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71%, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions.
    [Show full text]
  • A Judicial Recognition of Illicit Cohabitation Patrick A
    Hastings Law Journal Volume 25 | Issue 5 Article 5 1-1974 In Re Cary: A Judicial Recognition of Illicit Cohabitation Patrick A. Nielson Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Patrick A. Nielson, In Re Cary: A Judicial Recognition of Illicit Cohabitation, 25 Hastings L.J. 1226 (1974). Available at: https://repository.uchastings.edu/hastings_law_journal/vol25/iss5/5 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. IN RE CARY: A JUDICIAL RECOGNITION OF ILLICIT COHABITATION The 1970 census figures indicate that today perhaps eight times as many couples are living together without being married as cohabited ten years ago. 1 While these figures are estimates, they represent a marked American trend toward cohabitation outside wedlock; Cali- fornia is certainly no exception to the trend. In apparent recognition of the increasing popularity of illicit cohabitation, the first district of the California Court of Appeals, in In re Cary,2 extended its assistance to an unmarried couple who were having difficulties terminating their relationship. The court applied California's community property sys- tem to a meretricious3 relationship for the first time in the state's his- tory. It justified this extension of the community property system on the dual grounds of a 1969 revision of California's divorce law4 and the finding of a "family" relationship that came within the purview of the Family Law Act.3 The ruling, however, abrogated 78 years of California law6 and judicial precedent,7 cited but defied the underlying rationale of California's community property system," misunderstood 1.
    [Show full text]