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Race(ing) family law: a feminist critical race analysis of the "Best interest of the child" test and the impact for racialized women in custody and access cases

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dc.contributor.author Suleman, Zahara
dc.date.accessioned 2010-02-09T17:25:42Z
dc.date.available 2010-02-09T17:25:42Z
dc.date.copyright 2006 en
dc.date.issued 2010-02-09T17:25:42Z
dc.identifier.uri http://hdl.handle.net/1828/2171
dc.description.abstract This thesis explores the inclusion of race as a factor for consideration in the best interest of the child test for custody and access determinations through the lens of Critical Race Theory and Critical Race Feminism. This thesis contributes to the ongoing feminist discussions and debates on the benefits and risks of including race in the best interest of the child test since the death of Bill C-22 An Act to Amend the Divorce Act. Through a review of family law reform and Van de Perre v. Edwards, the leading case to articulate that race is a relevant factor, I will highlight how race has come to be interpreted. Interviews were conducted with women advocates and lawyers who primarily advocated for racialized women and children in custody and access determinations. Their lived experiences of the challenges and struggles that racialized women experience in family law, particularly, the best interest of the child test, assist in providing a counter-story to White mainstream family law discourse. en
dc.language English eng
dc.language.iso en en
dc.rights Available to the World Wide Web en
dc.subject custody of children en
dc.subject minority women en
dc.subject legal status en
dc.subject laws en
dc.subject Canada en
dc.subject.lcsh UVic Subject Index::Humanities and Social Sciences::Social Sciences::Law en
dc.title Race(ing) family law: a feminist critical race analysis of the "Best interest of the child" test and the impact for racialized women in custody and access cases en
dc.type Thesis en
dc.contributor.supervisor Adjin-Tettey, Elizabeth Ammah
dc.contributor.supervisor Chen, Xiaobei
dc.degree.department Faculty of Law en
dc.degree.level Master of Laws LL.M en


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