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Parental Separation and the Child Custody Decision: Toward a Reconception

By David G. Duff and Roxanne Mykitiuk

Abstract

Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing \u22best interests of the child\u22 test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family and the standards for custody determination associated with each. Instead, they advance a feminist vision of the family and a feminist approach to the resolution of access and custody disputes

Topics: Parental Separation; Child Custody, Family Law, Law
Publisher: Allard Research Commons
Year: 1989
OAI identifier: oai:commons.allard.ubc.ca:fac_pubs-1116
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