The modifications to family law beginning in the 1960s affected not only the laws of spousal support but that of child support as well. As the rate of divorce increased and single-parent families became more common, child support became a serious issue, especially as “more than 60 percent of single-female-parent families [live in poverty]” (Boyd, 2011, p. 234). This demonstrates the priority of child support payments in the age of single-parent families in order to allow the primary caregiver and the children a chance to be financially successful. However, dealing with child support can be challenging for judges as there are many factors to take into consideration. For example, in the case of Bain v. Bain [2008], the judge had to determine …show more content…
Bain is the primary caregiver of the children and thus bears the majority of the financial burden, “In October 2000, [Mr. Bain] suffered what has been diagnosed as a traumatic closed head brain injury from which he has not recovered sufficiently to take up full-time work” (Bain v. Bain, 2008, para. 6). In this case, the judge must take into consideration Mr. Bain’s disability and resulting lower financial income. The judge determined that despite his injury, “The appellant’s failure to pay any child support when he was earning income is a factor that affects the respondent’s ability to remain self-sufficient” (Bain v. Bain, 2008, para. 39), and as a result, financial contribution is non-negotiable. The case of Bain v. Bain [2008] exemplifies the new legislations necessary with the evolving structure of the family since the 1960s; when divorce was less common, the issue of child support was much less vital. Additionally, in this case we see a modern social and economic family structure where Mrs. Bain takes on the responsibility of not only primary care-giving of the children but also full-time employment, reflecting the changes in family composition since the early …show more content…
Barkley [1980]. Mr. and Mrs. Barkley married in 1962 and separated in 1977 after adopting three children. Mrs. Barkley was publicly known to be a homosexual. During this era, Mrs. Barkley’s sexual orientation notably affected her attempts at gaining sole custody of her adopted daughter, Lynn. This is demonstrated by the father’s testimony when he stated that he “greatly fear[ed] that if these children [were] raised by the mother, they [would] be too much in contact with people of abnormal tastes and proclivities” (Boyd, 2015, p. 259). Despite Lynn and Mrs. Barkley having a close and loving relationship, the concerns about her sexuality lead to a criticism of whether her having custody of Lynn would truly be in the child’s best interests (Boyd, 2015, p. 258). In the modern era and with the legalization of same-sex marriages with the passing of Bill C-38, this stigmatization is lessened as homosexual relationships are seen as less abnormal and immoral. As stated in Canadian Law: An Introduction (2011), “The same-sex marriage bill signals that, officially at least, that long, dark era of ostracism is over. Homosexuals are at last considered full and equal members of the human family” (Boyd, p. 229). This statement exemplifies the drastic change in public perception of homosexuals and their relationships from the 1960s to today. Bill C-38 states that same-sex