Child Custody, Relocation, and the Post-Divorce Family Unit: Gordon v. Goertz at the Supreme Court of Canada.

Research output: Articlepeer-review

Abstract

The author critically analyzes the Supreme Court of Canada decision on child custody and relocation of custodial parents in Gordon v. Goertz (1996). She argues that the reasoning of the majority reflects a trend to artificially reconstruct a "post-divorce family unit" that has a potentially problematic impact on women's decision-making. Limits on women's self-determination may in turn produce detrimental effects for the children in their care. The author places the case in the context of recent Canadian legal trends on relocation and reviews the arguments made by both parties and intervenors (including the Women's Legal Education and Action Fund) in the case. She compares the judgements of Madame Justice McLachlin and Madame Justice L'Huereux-Dubé and concludes with some difficult questions for Canadian feminists. (English) [ABSTRACT FROM AUTHOR]
Original languageEnglish
Pages (from-to)447-468
Number of pages22
JournalCanadian Journal of Women and the Law
Volume9
Issue number2
Publication statusPublished - Dec 1997

Bibliographical note

Accession Number: 11079438; Boyd, Susan B. 1; Affiliation: 1: Chair, Feminist Legal Studies, University of British Columbia Faculty of Law; Source Info: 1997, Vol. 9 Issue 2, p447; Subject Term: LEGAL judgments; Subject Term: ACTIONS & defenses (Administrative law); Subject Term: CUSTODY of children; Subject Term: GUARDIAN & ward; Subject Term: WOMEN'S rights; Subject Term: CANADA; Number of Pages: 22p; Document Type: Article

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