Older
Women & Family Law
-
Older women undergoing separation and divorce are primarily concerned
about issues around property, pensions, RRSPs, 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.
- 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 Womens Network wants to
ensure that appropriate legal aid is available when representation
is required in family law matters.
- The
Older Womens Network supports the recommendations of the
McCamus report on the Ontario Legal Aid Plan, a Blueprint for
Reform:
- i.
That responsibility for Ontarios 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.
-
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.
-
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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