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The Family

CBA Family Law Section

CBA Family Law Section articles are published under the banner The Family Way. Members interested in posting articles are encouraged to send them to the Section at:


Protecting children's rights: It starts with knowing what they are

  • October 12, 2014
  • Donna Martinson, Q.C., Christian Whalen, and Caterina Tempesta

Children have broad legal rights that are often unknown or ignored by legal and other professionals who attempt to do what they, as adults, believe is in a child’s best interests. Lack of education and training about children’s rights in law schools, continuing legal education and judicial programs is just one of the problems.

Family Law

Shared parenting is the new norm: Legal professionals agree on the need for reform

  • October 02, 2014
  • Rachel Birnbaum, John-Paul Boyd, Nicholas Bala, and Lorne Bertrand

Joint custody or shared parenting is the most common form of post-separation agreement, according to results of a recent survey of Canadian family lawyers and judges. The survey shows strong professional support for reforming the parenting concepts in the Divorce Act, but clear opposition to a presumption of equal parenting.

Family Law

Lawyers as leaders: legal professionalism and access to justice for children

  • April 08, 2014
  • Donna Martinson, Q.C., and Dr. Nancy Bell

Recent reports have underlined the abysmal state of access to justice in Canada – and that goes double for children. The National Action Committee’s Family Law Working Group states that children are usually “unrepresented non-parties”...

Family Law

Passports for children under 16 years of age

  • October 01, 2012
  • Diana Andai and Estelle Marion

Travelling with children and marital break-ups are both difficult – combine the two and there can be a legal minefield to cross before you start packing your bags. Diana Andai and Estelle Marion, legal counsel with the Department of Justice, talk about the importance of separation agreements and court orders, and review the steps you must take when applying for passports for children under 16.

Family Law