GENDER ISSUES IN FAMILY LAW: A Feminist Perspective

In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 35, Heft 4, S. 424-442

Abstract

Family mediation has been the target of criticism from feminists, the legal profession, and mental health professionals. Although this article will primarily address the concerns of feminists, it will, to a limited extent, address some of the concerns put forth by the other groups because of the similarities in their perspectives. Many of the concerns and issues expressed by feminists are valid on one hand, yet contradictory on the other. By exploring the gains made by women and how these gains were incorporated in the Ontario Family Law Act, the contradictions inherent in their arguments will be revisited and discussed in relation to a feminist‐informed mediation process. This article will explore seven aspects of the feminist critique of family mediation: protection of women and children's rights, spousal and child support, equal distribution of marital property, negotiations, empowerment, custody, and spousal abuse. Many of these issues are intertwined and therefore will occasionally be discussed in relation to other issues.