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Older Women & Family Law
  1. Older women undergoing separation and divorce are primarily concerned about issues around property, pensions, RRSP’s, disclosure of assets, and cash settlements. Public discourse on family matters often disregards this fact and concentrates on matters relating to child custody, visiting arrangements, and access. More emphasis on family law training in law schools and higher status granted to family law lawyers would, over time, correct attitudes which are harmful to all women.
  2. Psychological, social, and financial abuse of older women occurs frequently in the separation/divorce process. As older women tend to cluster in low income brackets, the Older Women’s Network wants to ensure that appropriate legal aid is available when representation is required in family law matters.
  3. The Older Women’s Network supports the recommendations of the McCamus report on the Ontario Legal Aid Plan, a Blueprint for Reform:
    • i. That responsibility for Ontario’s Legal Aid Services be placed under a Legal Aid Authority, an independent statutory agency with the mandate to provide services in all areas of the law.
    • ii. That the new LAA be pro-active and work to change legislative practices which are unfair. e.g. reducing the use of judicare and investing in more staff offices, community clinics, client education, and duty counsels.iii.That property law be specifically legislated into LAA services.
  4. The process of mediation in family law cases must be chosen voluntarily by participants who can also terminate the process at any time without prejudice.
  5. OWN supports mandatory sensitivity and awareness training for all court officers serving in family law courts.

Family Law Working Group , April 30, 1998
Revised March 1999

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