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This paper contributes to international feminist debates on shared parenting and family violence via reforms to Canada's Divorce Act, in force since 2021. Looking backwards, it reviews parliamentary debates and early judicial discussions. The documentary review reads the reforms as an unstable compromise between calls from feminist voices and experts on family violence and from groups representing fathers. Family violence is now defined broadly and declared relevant to children's welfare. But language in the statute may undermine its seriousness. Exposing the tensions underlying these reforms is useful for Canadian participants in family justice and for scholars, practitioners, and policymakers elsewhere, exemplifying the promise and perils of reform in this area. Looking ahead, the paper offers recommendations to higher courts. Appellate judges should read rules on contact with both parents and parental cooperation in the light of the new recognition of family violence, taking the latter as an overarching objective of the statute. [ABSTRACT FROM AUTHOR]

Economic abuse is well established as a widespread and damaging element of intimate partner violence. However research largely addresses cohabiting couples, with few detailed explorations of women’s longer-term experiences after separation. Further, researchers have not developed a gendered analysis of child support related economic abuse. Such an analysis requires understanding gender as a framework that organises institutions and relationships in ways that build and reproduce hierarchical relations of difference. In this paper, I present data from in-depth interviews with 37 single mothers to pursue a structural analysis of how men’s deliberate withholding of child support (termed child maintenance in some countries) can be a form of economic abuse that is facilitated through gendered state processes and institutions that order child support transfers. I argue that masculine financial discretion structures policy and organizational practices in ways that legitimate men’s financial agency at the expense of women’s financial autonomy. On-going compliance issues are not the result of a failure of Australia’s Child Support Program, but suggest that the state’s role can be one of regulation, not prevention, of economic abuse. Thus, Australia’s Child Support Program normalises the potential for post-separation economic abuse. [ABSTRACT FROM AUTHOR]

This paper analyses the judgment of the Supreme Court of Canada in the case of R v Ryan, 2013 SCC 3. This is a very significant decision from a variety of perspectives. The judgment is an important addition to the Canadian criminal law jurisprudence as it clarifies the scope of the defence of duress. However, from a feminist perspective, the case also highlights issues relating to situations in which victims of domestic violence eventually kill their partners following long cycles of abuse. In addition, the judgment serves as a reminder of the substantial problems which still exist regarding the responses of criminal justice systems to victims of domestic violence and the abuse they have suffered. [ABSTRACT FROM AUTHOR]