I Don`t Want To Be a Dad - Public Legal Education Association

Credits
Version 1.0 (2009)
This resource was produced by the Public Legal Education Association of Saskatchewan (PLEA). PLEA is a non-profit,
non-government organization funded by the Law Foundation of Saskatchewan and Justice Canada. PLEA is supported
by the Law Society of Saskatchewan, Canadian Bar Association (Saskatchewan Branch), College of Law, Saskatchewan
Legal Aid Commission, Ministry of Education, Saskatoon Public Library, and public libraries and regional colleges
throughout the province. PLEA also receives generous support from Saskatchewan Justice.
PLEA gratefully acknowledges Justice Canada for financial support in the development, printing and distribution of
this publication.
Contents may not be commercially reproduced but any other reproduction is encouraged.
© 2009 Public Legal Education Association of Saskatchewan, Inc.
ISBN 978-1-926545-05-9
Photo credits: Design Pics cover, page 30; Microsoft Corporation pages 42, and 31; Shutterstock all pages plus cover.
It’s All in the Family
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Table of Contents
Evaluation Form
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Table of Contents
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Introduction
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Channel One: What is a family?
1
Handout: What is a Family
Handout: Media Literacy: The Basics
Handout: TV and Family: A Sitcom Profile
Channel Two: To be or not to be?
Handout:
Handout:
Handout:
Handout:
Making the Choice
Case Study - I Don’t Want to be a Dad
Case Study - I Thought She Was Using Birth Control
TV Made Me Do It
Channel Three: Who is a parent?
Handout: Who is a Parent?
Handout: Case Study - More than Two Parents?
Handout: Paternity Testing and Daytime TV
Channel Four: Kids in the Middle
Handout: Kids in the Middle
Handout: TV, Divorce and Depression
Handout: Television Study: You Can’t Do That on Television
Channel Five: When Parents Separate
Handout: Going Their Own Way
Handout: Divorce in the News: A Retrospect
Channel Six: Looking After Kids: Custody & Access
Handout: Custody and Parenting Arrangements: The Sordid World of Soaps
Handout: Custody and Access
Channel Seven: Money Matters
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25
27
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31
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35
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49
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52
Handout: Create a Sitcom
Handout: Money Matters
Handout: How to Write a Sitcom
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Introduction
In Saskatchewan, approximately 2000 divorces occur every year. And this number does not include other situations
where couples end their relationship for example, by separation. Given how commonplace divorce and separation are,
it is important that youth understand potential or ongoing changes in their family structure and the family structures
of their peers, in order to provide opportunities for meaningful discussions about separation and divorce.
With these objectives, PLEA has created It’s All in the Family. This seven-lesson teacher’s resource examines family law
issues in light of their portrayal on the most popular pastime in history: television. Geared towards Saskatchewan
Education’s Law, Media Studies, and Life Transitions curricula, each lesson contains handouts, activities, procedures,
and applicable background information that ask students to think critically about television’s portrayal of the law as it
applies to divorce and separation.
Because the topics surrounding separation and divorce can be sensitive and complicated, It’s All in the Family has been
designed with the law-related content separate from the television-based activities. This allows teachers the option of
adapting law-related handouts in a manner most suited to their classroom’s needs. And in keeping with Saskatchewan
Education’s resource-based learning objectives, lesson plans link to outside resources for even broader perspectives.
Any links to materials not produced by PLEA should be considered a starting point for further research, but not an
endorsement.
PLEA also invites teachers to check out our It’s All in the Family student newsletter, available
for order or download at plea.org. This full-colour publication contains much of the
valuable information found in the Teacher’s Resource, and is presented in a youth-friendly,
take-home format.
As well, teachers interested in furthering their knowledge on parenting
after separation and divorce will want to read Parent Edge, PLEA’s guide to
the legal side of parenting after separation and divorce.
And teachers of K-3 students may also want
to use No Matter What, PLEA’s colouring book
dealing with children’s rights through changing
family situations such as separation and divorce.
Download or order at plea.org.
No Matter What
Me & My Family
CCFJ - Colouring Book.indd 1
2/2/2009 4:26:49 PM
PLEA always welcomes your feedback. Please take the time to fill out and return the resource evaluation form found at
the front of this resource. Any insights offered by teachers can only help to improve further publications from PLEA.
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Channel
One
What is a family?
Objectives:
Methods:
Materials:
Students will learn about the multiple forms of family
Discussion, Reading, Presentation Project
No Longer Nuclear: The Changing Family,
TV and Family: A Profile
Procedure:
1. Have students create and begin a KWL (Know / Want to Know / Learned)
chart on families and divorce. Teachers interested in further reading on KWL
activities and strategies should consult the KWL section of Saskatoon Public
Schools’ Instructional Strategies Online at http://olc.spsd.sk.ca/DE/PD/instr/
strats/kwl/.
2. Brainstorm a list of potential family units.
3. Lead classroom reading and discussion of What is a Family.
4. Determine which of the brainstormed family units would fit into the Statistics
Canada definition of family from the No Longer Nuclear reading segment.
5. Group brainstormed families, statistically speaking, into a timeline of when they
became more common. Discuss with class trends that led to current times.
6. Link timeline to television programs and their reflection of families. Have
students consider role of television in these changes. Teachers may wish to
review:
• “The History of TV Moms,” a brief profile of television mothers over
the decades, found on the Biography website, at www.biography.com/tvmoms/history.jsp
• the About.com article “How to be a Great Sitcom Mom,” available at
http://tvcomedies.about.com/od/funstuff/tp/sitcommom.htm
• The Museum of Broadcast Communication’s article “Family on Television,”
found at www.museum.tv/archives/etv/F/htmlF/familyontel/familyontel.htm
Sitcoms provide many examples of TV families and PLEA’s “The Changing
Structure of the Family in Canada” timeline/poster can be used to reinforce
these concepts. Find the timeline/poster in PLEA’s “It’s All In The Family”
student newsletter, available online at plea.org.
7.Review Principles of Media Literacy and discussion questions with class
to introduce concepts of critically reading media. Then assign TV and Family:
A Sitcom Profile . Different time periods should be assigned to different
students to ensure a balance of profiles. This work will be reexamined in
Lesson Seven.
8.For supplemental lessons, check out “Kids Lives/TV Lives” and “Comparing
Real Families to TV Families,” available from the Media Awareness Network, a
Canadian non-profit organization that develops media literacy programs. Find
them online at www.media-awareness.ca.
9.To further consider ideas for using a sitcom as a teaching tool, teachers may
be interested in reading “Building a lesson around a sitcom,” available from the
British Council / BBC’s Teaching English website at www.teachingenglish.org.
uk/think/articles/building-a-lesson-around-a-sitcom.
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What
is a
family?
What is a Family?
HANDOUT
If someone asked if you are part of a family you would probably say yes. But what makes a group of people a family?
For census purposes, the Statistics Canada definition includes...
• a couple without children,
• a couple with children, or
• an adult living with at least one child.
A couple includes opposite-sex and same-sex partners who are married or who live common law. A child includes
individuals such as a step-child, an adopted child or even a grandchild cared for by a grandparent.
According to the 2006 census, more than eighty percent of Canadians live in a “family” and this percentage rate has
been fairly consistent over the past 20 years. Most of us then can expect to live as part of a family, if not for our whole
lives, then at least for a good part of it. At the time of the 2006 census only about 16% of the population were not
living as part of a family and, with a few rare exceptions, those people would have at one time lived in a family.
Couples, Partners, Spouses… What does it all mean?
Relationships can take many forms, from casual dating to couples who have been married for 50 years. The law
recognizes certain relationships as spousal relationships. It can be important to know if a relationship is legally
recognized as a spousal relationship because certain legal rights and obligations towards each other may vary depending
on the answer.
There are three different ways a couple can enter into a legally recognized spousal relationship. Whether a couple is
a same-sex or opposite-sex couple, they can become legally recognized spouses by…
• getting married – marriage is the legal union of two people solemnized before a civil or religious official,
along with required formalities, such as a valid marriage licence
• living together - common law relationships become legally recognized spousal relationships when two
individuals live together as spouses continuously for a period of at least two years
• having a child - parents of a child who have lived together as spouses in a relationship of less than two
years, but have a relationship of some permanence, may be recognized as being in a spousal relationship
No Longer Nuclear: The Changing Family
…the family experience of children born at the end of the twentieth century bears little resemblance
to that of their parents. The novelty, diversity and complexity of the modern family life course present a
challenge for parents, children and policy makers alike and at many different levels.
Juby, H. N. Marcil-Gratton, C. Le Bourdais & P. Hout (2001) A Step Further in Family Life: the Emergence of the Blended Family
The family continues to be one of the foundations of our society, but in the changing world we live in, families are
changing too. The number of families that consisted of married couples peaked during the 1950s and 1960s with 90%
of families consisting of married couples and only about 10% of families consisting of lone parents.
Prior to that time lone parent families were proportionately higher due to a number of factors. In the 1920s the
First World War had left many women without husbands and children without fathers. By the 1930s the percentage
of lone parent families had risen to a number that would not be surpassed until the late 1990s. In the 1940s higher
divorce rates, combined with Canada being engaged in another war, kept the percentage of lone parents higher than
it would be for a number of decades.
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HANDOUT
What is a Family? ...continued
After reaching an all time low during the 1960s, the percentage of families that consisted of lone parents gradually
grew with each passing decade. By the 1970s the majority of lone parents were no longer widows, as divorce
became more common.
Lone parent percentages continued to climb and by the 2006 census they made up over 15% of all families. The fastest
growing group of lone parent families between 2001 and 2006 was families headed by men. A decrease in mothers
being awarded sole custody and an increase in joint-custody arrangements may have been factors that contributed
to this growth.
An increase in lone parent families is not the only change that families in Canada have experienced over the past
few decades. In the 1980s counts of common law couples were available for the first time. Like lone parents, these
numbers have been increasing over the years and by 2006 common law couples made up almost 14% of all families,
compared to the just under 6% they made up in 1981.
The number of recorded same-sex couples increased dramatically between 2001 and 2006, growing at five times the
pace of opposite-sex couples. By 2006, following the legalization of same-sex marriage, same-sex couples represented
0.6% of all couples in Canada.
According to the 2006 census, 3.8% of children under 14 shared a home with their
grandparents. 12.1% of grandparents who shared a home with grandchildren were the
only parents in the home. In these ‘skip-generation’ families there is no middle generation
because the parents do not live in the home.
These changes to the make-up of families mean that an increasing number of children do not live with both parents
as part of what is considered the traditional nuclear family for the entire period of their childhood. These changes
also mean that children are experiencing changes in their family structures at earlier ages. 20% of children born
in the late 1960s had lived part of their life with a lone parent by the time they were 16. A decade later the same
percentage of children had lived with a lone parent by the age of 12, a decade after that (the 1980s) 20% of children
had lived with a lone parent by the age of seven and 20% of children born in the 1990s had experienced this by the
age of five.
This increase in children living with a lone parent is in part due to the dramatic increase in divorce rates between
the 1950s and now. According to 2003 statistics well over one-third of marriages will end in divorce before the
couple reaches their 30th anniversary. Divorce rates vary greatly depending on how long couples have been
married. It rises rapidly in the first few years of marriage and is highest for couples that have been married three
years. After that it slowly decreases with each additional year of marriage. The greater percentage of divorces that
happen in the early years of marriage means that many couples with young children are likely to divorce. In 2003,
27% of divorce proceedings involved custody of children.
Separations of common law couples are not included in these statistics. Increases in the number of couples living
common law means that separation of these couples impacts a growing number of children.
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What is a Family? ...continued
HANDOUT
After divorce or separation one or both parents often remarry, or live common law, with a partner who may have
children of their own, and sometimes they have more children together with their new partner. In 2001 about
43% of Canadian adults whose first marriage had ended in divorce had remarried. Studies of children whose
parents separated during the 1980s and 1990s show that one or both parents of almost half the children had
entered a new union after only two or three years’ separation.
The numbers of parents who had entered into a new union increased over time so that by 10 to 13 years later, 85%
of children had experienced the arrival of at least one new “parent” in their family and over half these children had
step-mothers and step-fathers. Families then have increasingly complex structures where it is not uncommon for one
child to have two homes with a step-parent and step-siblings in each home.
That’s Forever, Yes and for Always
Being a parent is not a role that people take on for a certain period of time. Being a parent is an enormous
responsibility that is truly for life. This is important to keep in mind if your parents are separated and also important
to keep in mind for the future when you might be a parent yourself.
Families are created in many different ways. However, in the eyes of the law, a parent is a parent regardless of what
role they may have played in their child’s life. For example, sometimes a parent has never lived with their child,
sometimes parents live together before and after the birth of their child and sometimes parents separate and no
longer live with their child.
The only way a parent can end their connection with a child is by placing the child for adoption. Adoption law allows
an adoptive parent to become the parent of a child born to someone else in the legal sense of the word. The adopted
child becomes for all purposes the child of the adoptive parents, as if the child had been born to those parents. At
the same time, the adopted child ceases to be the child of their birth parents.
Step-parent adoptions are a little bit different because they do not end the birth parents’ rights and responsibilities
towards the child. A step-parent may adopt the child of their spouse. This may happen, for example, when an
unmarried parent later gets married. The child’s step-parent then becomes entitled to adopt. The consent of the
other birth parent is required for the adoption, unless a judge dispenses with the requirement for consent.
Where did the term “step” child come from?
In Old English “steop” meant bereavement or grief over the death of someone. Eventually
the term was shortened to “step” and started to be used to describe any child who had lost
a parent and was being cared for by a new parent.
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HANDOUT
Media Literacy:
The Basics
Interpreting media is a complex process. Not only are there multiple forms of media, including print, broadcast, and
online, but each form of media can have any number of common and unique components, such as podcasts, pullout features, or stealth advertising.
Despite the broad scope of media, there exists five core principles of media literacy. These core principles are believed
to form the underpinning of media.
1. All media and their messages are constructed.
2. Every media utilizes its own language and techniques.
3. The audience constructs its own interpretation of media messages.
4. Media, with its forms and rules of construction, transmit values and ideologies.
5. Media messages have political, economic, social, and cultural consequences.
- Considine & Haley, 1999; McBrien, 2005; Thoman and Jolls, 2005
Questions for Discussion
1. Are the writers of a particular form of media the ones who construct the message? How is the construction
influenced by the media’s owners and viewers?
2. All media forms have their own unique components. Can you think of some of the unique languages and
techniques used in different types of media?
3. If audience members each construct their own interpretation of media messages, why is it important to be aware
of alternative ways of interpreting these messages?
4. If the values and ideologies transmitted by media are not in sync with your own values and ideologies, does this
mean your values and ideologies are wrong? What are some different responses that could be made to situations
where media messages and personal values do not match?
5. Where did this handout you are reading come from? What kind of political, economic, social, and cultural
objectives would the creators of this handout want to achieve?
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TV and Family:
A Sitcom Profile
HANDOUT
Consider the role of the sitcom in contemporary society, and narrow down your thoughts to one particular
show’s portrayal of family structure.
Create a poster, power point, or webpage that profiles family structures on that sitcom. It can be from any time
period. Electronic profiles could include links to video from the show to demonstrate points.
Your profile should:
a) Provide a snapshot of the time period in which the sitcom was aired (such as trends, government, and
economy). If the program was set in a different era than when it was aired on television, you may wish to
look at both time frames.
b)Outline the family structures of main and secondary characters. Considerations could include...
• marriages
• divorces
• common-law relationships
• non-traditional families such as same-sex relationships
• elderly parents living with their children
• step children
• adopted children
• other notable situations
c) Look at how the show’s storylines portray family circumstances? What messages are being transmitted? Are
they consistent with the time period?
d)What voices and perspectives are not being transmitted?
e)Overall, do you believe that the show’s portrayal of family is realistic? Why or why not?
f) What are some possible alternative ways to interpret the message?
“In the fifties, the idea of a missing wife, ‘replaced’ by a
surrogate such as dad or a male housekeeper in an apron,
was funny. By the seventies, an absent parent was taken as
the norm.”
- David Thorburn, Professor of Literature at MIT, on the sitcom family’s evolution.
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Channel
Two
To be
or
not
to be?
Objectives:
Methods: Materials:
Students will learn how the law can apply to a variety
of pregnancy situations.
Reading, Case Studies, Discussion Questions
Making the Choice, Case Studies, TV Made Me Do It
Teacher’s Background Information:
Mass Media scholars De Fleur and Ball-Rokeach claimed that everybody
is dependent upon mass media in order for them to enter into full
participation in society. While their hypothesis is relatively old in a
modern media context, their framework of media’s influence still remains
accepted today.
De Fleur and Ball-Rokeach’s broke down society’s dependencies into three
major subdivisions:
1) The need to understand one’s world.
2) The need to act meaningfully and effectively in that world.
3) The need for fantasy-escape from daily problems and tensions.
Procedure:
1. Discuss with students what kind of decisions about parental
responsibility should be made before and/or during pregnancy.
2. Read Making the Choice and assign Case Studies . Lead class
discussion of questions for thought.
3. Introduce students to De Fleur and Ball-Rokeach’s theory of media
influence and discuss how media fills each of the three needs, especially
in the light of parenting and families.
4. Assign TV Made Me Do It , using insights gained from De Fleur and BallRokeach’s theory to answer questions.
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To be
or not
to be?
Making the Choice
HANDOUT
Many people want to wait for the right time to take on the responsibility of being a parent. They may want to
consider things like whether they are in a stable relationship, their schooling and their career.
In fact statistics show that the age at which women are having children has been increasing over the past several
decades. In the 1960s the average age of women having their first child was 23 years old compared to 28 years
old in 2003. The 2006 census found an upward shift in the number of children aged 4 and under who had mothers
in their forties. This census showed that women had been delaying childbearing as they pursued other interests,
including education and employment opportunities. Being in a stable relationship would be another factor to
consider; 2001 data shows that the majority of lone mothers with less than a high school education live in
poverty.
Kids Having Kids
Did you know ...
• children of teenagers are more likely to have low birth weights, and to have health problems associated
with low birth weight?
• pregnant teens are at a greater risk of having health complications, like anemia or high blood pressure,
during their pregnancy?
• Saskatchewan has the second highest teen pregnancy rate of Canadian provinces?
• some studies suggest that teen pregnancy may be almost five times more common in the lowest income
neighbourhoods compared to the highest income neighbourhoods?
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HANDOUT
Case Study
I Don’t Want To Be a Dad
Deciding not to be a parent seems like a pretty simple thing – just don’t have kids. But there are situations
where the law does not allow people to refuse to take on parental responsibilities, even for children they are not
biologically related to. The principle of the best interests of the child is the golden rule in family law and people’s
right to order their own affairs sometimes is considered to be of secondary importance.
Facts
Jane and John Doe were in an unmarried relationship. Jane wanted to have a child but John did not want to be a father.
Jane then had a child through artificial insemination from an unknown donor. After the child was born the couple
continued to live together and planned on staying together.
They agreed to set out their rights and obligations towards Jane’s child in a written agreement. The agreement would
say that John was not the father of the child and had neither parental rights nor any obligation of support towards the
child. Before signing the agreement they went to court to find out if the agreement would be legally valid.
Law
This case took place in Alberta. Alberta law says that every parent has an obligation to provide support for their child.
It also says that although parents can enter into agreements about child support this does not stop the court from
making an order for child support and that if an order is made the agreement ends. Parent is defined as including
anyone who “stands in the place of a parent.” A person is considered to stand in place of a parent if they are the spouse
of the mother or father of the child or in a “relationship of interdependence of some permanence with the mother or
father of the child” and they have “demonstrated a settled intention to treat the child” as their child.
Decision
The couple had argued that an agreement where a person expressly stated that they had no intention to stand in the
place of a parent for a child makes it impossible to find, even at a later date, that the person had a “settled” intention
to stand in the place of a parent for the child.
The Court did not accept this argument. The Court found that such an agreement could not prevent them from finding
that someone stands in the place of a parent. They said that although heavy weight may be given to an agreement it
cannot stop a court from determining parental rights and obligations and ordering support.
The Court found that a settled intention can be found from the circumstances even if the person has said they have
no such intention and decided that:
The “settled intention” to remain in a close, albeit unmarried, relationship thrust John Doe, from a practical
and realistic point of view, into the role of parent to this child. Can it seriously be contended that he will
ignore the child when it cries? When it needs to be fed? When it stumbles? When the soother needs to be
replaced? When the diaper needs to be changed? John Doe’s subjective intent not to assume a parental
role will inevitably yield to the needs (and not merely the physical needs) of the child in the same household.
Were it otherwise, one can only imagine the emotional damage visited upon the child.
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Case Study
HANDOUT
I Don’t Want To Be a Dad ...continued
Something to Think About
The Saskatchewan law about child support is similar to the Alberta law. It says that “Every parent has an obligation
to provide maintenance for his or her child to the extent that the parent is capable of doing so” and defines parents
as including any “person who has demonstrated a settled intention to treat a child as a child of his or her family,
other than a person who is providing foster care services.” Even a person who no longer lives with the mother or
father of a child could be considered to be a parent for the purpose of determining support.
Case Analysis
1.Do you think people should be able to choose not to stand in the place of parent even if they live with the
mother or father of the child?
2. What about if they split up with the mother or father of the child?
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HANDOUT
Case Study
I Thought She Was
Using Birth Control
Facts
Stephen had sex with Wendy on two different occasions. Wendy told him she could not get pregnant because she
was using birth control pills. Because he thought she was on the pill, Stephen did not use a condom. Wendy became
pregnant and had Stephen’s child. Stephen argued that, although he was the father, he should not have to pay child
support because he was “set up” by Wendy.
Decision
The Court decided that both partners took the risk associated with having sex and both had to bear the responsibility.
The Court noted that Stephen could have taken normal precautions such as using a condom. The Court agreed
with the statement made by Wendy’s lawyer that “The consequences of intercourse can lead to pregnancy and the
respondent [Stephen] was aware of this. He should also have been aware of the different methods to avoid pregnancy
and the fact that they are not 100% efficient.” The Court ordered Stephen to pay child support.
Case Analysis
1.Are there any circumstances where someone should not be responsible if their partner gets pregnant?
2.What if Stephen had used a condom?
3.What if he asked Wendy to terminate the pregnancy?
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TV Made Me Do It
HANDOUT
A headline that reads “Teen pregnancy linked to sexy TV” makes you think that somehow watching shows with
sexual content causes teens to have sex and either get pregnant or get their partner pregnant.
The study behind that headline was based on surveys of teens between 12 and 17. Roughly 700 teens participated,
providing information about their TV viewing habits, sexual behaviour and pregnancy. The teens were surveyed on
three different occasions between 2001 and 2004. The top 10th of teens who watched the most sexy programming
were at double the risk of becoming pregnant or causing a pregnancy compared to the 10th who watched the
fewest sexy TV shows. The researchers concluded that television may play a significant role in teen pregnancy
although they could not establish that it was the cause.
The Juno Effect
It is not uncommon for the media to report about connections between TV or movie
characters and what people actually do. After the movie Juno was released there
were reports about the “Juno Effect.” Juno is the story of a 15-year-old girl who finds
herself pregnant and decides to go through with the pregnancy and place the baby
for adoption. In addition to stories about teens purposely getting pregnant after
seeing the movie, some media even reported a link between Juno and a “pregnancy
pact” among teenage girls at Gloucester High School in a small fishing town outside
of Boston. Time magazine had reported that 17 girls in this small school, none older
than 16, were expecting babies within months of each other.
Questions for Thought
1. What does it mean when something can be associated with certain behaviours but cannot be established as the
“cause” of the behaviours?
2. Can you think of other reasons why kids who watched more sexy TV were more likely to get pregnant or cause
a pregnancy? (For example, maybe these kids just watched more TV altogether because they had dropped out of
school.)
3. Does what you see you on TV or at the movies influence your choices?
4. Do you think movies like Juno make it more likely that teenagers will get pregnant? Help prevent teen pregnancy
by showing the trauma it causes? Neither?
5. Think of some examples of TV shows or movies that portray teen pregnancy or unplanned pregnancies (for
example Knocked Up). What kinds of messages, if any, do these shows send?
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Channel
Three
Who is a parent?
Objectives:
Methods:
Materials:
Students will understand how the law deals with
complex situations of who is considered a parent.
Discussion, Reading, Research
Who is a Parent, More Than Two Parents,
DNA Testing, Internet Access
Procedures:
1. Discuss parenting arrangements depicted in popular culture. Along
with current programming, teachers may wish to look back to television
shows such as Webster, The Brady Bunch, or even ALF to demonstrate
unique circumstances of parenting.
2. Lead class reading of Who is a Parent .
KEY QUESTIONS
• Has the law fallen behind technological and cultural changes?
• Do you think it is possible for governments to create laws that
are ahead of these changes? What would be the benefits and
risks associated with creating such laws?
3. Assign Case Study and discuss.
4. Read Paternity Testing and Daytime TV then discuss.
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Who
is a
parent?
Who is a Parent?
HANDOUT
At first glance, this may seem like a silly question but in fact there are many circumstances where - as a matter of
law - the question can arise. Perhaps the most common example is situations where the paternity of a child is in
question. A mother of a child may believe that "X" is the father of her child and wants "X" to contribute to the
child's support, but "X" may not believe that he is the father of that child. On the other hand, "Y" might think that
he is the father of the child and wish to have access to that child, but the mother may deny him access, claiming
that he is not the father. The matter may also arise where a mother wishes to place her child for adoption and
needs the father's consent.
One might think that determining the maternity of a child is more straightforward for reasons that are obvious. But
with advances in medical science - in vitro fertilization, embryo transplants and the like - and the increase in the use
of surrogates, the question of who is the mother of a child becomes more complicated.
Who is the Mom?
Courts have recognized the changes brought about by new technologies, commenting in
one case that:
Advances in reproductive technology require re-examination of the most basic questions of who is
a biological mother. For example, consider the facts of... a case where one lesbian partner was the
gestational or birth mother and the other partner was the biological mother, having been the donor
of the egg.
There would be no clear answer in this situation under Saskatchewan law. The Children’s
Law Act simply defines the mother as “the mother of a child” including a person declared
under the Act to be a mother. Under the Act, a court can declare that a woman is or is not
the mother of a child based on “the balance of probabilities.” In law this simply means if the
court is convinced that one scenario is more likely than the other.
Being a parent comes with a whole set of responsibilities and rights. When it becomes necessary to determine who
the parents of a child are, a number of laws are in place to help answer that question. In cases where the identity of
the father or the mother is unknown or denied, a parent can apply for a court order legally recognizing a party as the
other parent of the child.
Under The Children's Law Act there are a number of circumstances where a man will be presumed to be the father of
a child. The two most common circumstances are where the man…
• was living with the child's mother when she became pregnant or when the child was born, or
• signed the birth registration form.
This presumption means that in these circumstances the court will presume that the man is the father of the child
unless he provides proof that the presumption is incorrect.
If the man is not presumed - in law - to be the father and he denies being the father, a judge can decide the issue. The
judge will hear evidence in court to decide who the father of the child is. Friends and acquaintances may testify about
the nature of the relationship between the man and woman. In addition to hearing evidence, the judge may order
blood tests or DNA testing or the parties can agree to have these tests done.
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HANDOUT
Who is a Parent? ...continued
Although the judge has the authority to order such tests, no one can be forced to submit to these tests; they must
consent to having them done. If an individual refuses to take a court-ordered test, the judge may consider this refusal
and draw whatever conclusion is reasonable, taking into account all the circumstances. The judge will determine that
the man is the father of the child if there is enough evidence to satisfy the judge that the man is more likely than not
the father of the child.
For the purposes of adoption there are additional circumstances where a person will be considered to be the parent
of a child. A person will be considered to be the parent of the child if they have access to or custody of the child by
court order or agreement. Generally both parents must consent to placing a child for adoption, but the court can
allow an adoption without the consent of one of the parents if it is in the best interests of the child.
Paternity and Maternity Testing
Both blood tests and DNA tests are ways of determining the parentage of a child. Blood tests check for certain
elements in blood that indicate who the mother or father is. Blood tests cannot prove that someone is the parent of a
child, they can only show that a person is not the parent. DNA testing is much more detailed than a blood test and is
far more revealing. DNA testing is done on blood cells or on a body tissue sample, such as hair or saliva. It examines
the small percentage of DNA that is unique to each person. DNA testing is a very accurate means of determining
who the parents of a child are.
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Case Study
HANDOUT
More than Two Parents?
The law recognizes that some kids may, in effect, have more than two people who have parental responsibilities
towards them. When someone lives with a child, even if they are not the biological parent, and even if they do
not adopt the child, under the law they can be considered to have rights and obligations towards that the child.
For example, a step-parent may have an obligation to help support a child, even if their relationship with the
other parent ends. As well under Saskatchewan law any person who has “in the opinion of the court, a sufficient
interest” may apply for custody or access of a child.
Facts
Two women had been in a stable same-sex union for almost ten years when they decided to start a family with the
help of a male friend. They had a baby boy. The two women were his primary caregivers and the little boy called them
his mothers. From the start all three people agreed that the father would remain involved in the child’s life and that this
was in the child’s best interest.
The woman who was not the boy’s biological mother (non-birth mother) applied to court for a declaration that she,
in addition to his biological mother, was the boy’s mother.
Law
Under Ontario law, where this case was decided, the non-birth mother could not apply to adopt the child without the
father losing his status as a parent. This was because Ontario law states a child who is adopted ceases to be the child
of his or her biological parents, unless the biological parent is the spouse of the adopting parent.
Under Ontario law, being declared a parent would give the non-birth mother a number of rights regarding the child,
including the right to fully participate in the child’s life, make health care decisions and register the child for school.
Unlike a custody order, this kind of declaration would have a lifelong effect, would determine linage and would give
the child the right to inherit if the parent died without a will.
The Court noted that “perhaps one of the greatest fears faced by lesbian mothers is the death of the birth parent
because without a declaration of parentage or some other order, the surviving partner would be unable to make
decisions for their minor child.”
Decision
The Court found that the Ontario law that allowed courts to declare a person to be a
parent only allowed a court to declare one person to be the mother and one person
to be the father of a particular child, although that person did not necessarily have to
be biologically or genetically related to the child in question. The Court went on to
find that it was contrary to the child’s best interests for him to be deprived of legal
recognition of one of his parents. The Court concluded that the only way to fill the
gap left by the legislation was to use the court’s power as parens patriae to make the
declaration that the non-birth mother was legally a mother to the child.
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“Parens patriae” is
a legal doctrine that
allows the state to use
its power to provide
protection to those
unable to care for
themselves.
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HANDOUT
Case Study
More than Two Parents?
...continued
Something to Think About
The Court in this case quoted from a statement made by a twelve year-old girl whose mothers were a same-sex couple:
I just want both my moms recognized as my mom. Most of my friends have not had to think about things
like this – they take for granted that their parents are legally recognized as their parents. I would like my
family recognized the same way as any other family, not treated differently because both my parents are
women. It would help if the government and the law recognized that I have two moms. It would help
more people to understand. It would make my life easier. I want my family to be accepted and included,
just like everybody else’s family.
Under Saskatchewan law some of the concerns of the non-birth mother could be addressed by a custody order. For
example in Saskatchewan if a person has custody of a child that child could not be adopted without their consent.
Custody means “personal guardianship of a child and includes care, upbringing and any other incident of custody
having regard to the child’s age and maturity” and anybody with a sufficient interest can apply. However, custody
orders can be changed and having custody does not give someone the permanent status of parent.
Case Analysis
1. Is it important for the law to recognize all different kinds of family structures and treat them equally? Why?
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Paternity Testing
and Daytime TV
HANDOUT
Paternity testing has taken a role in the forefront of daytime television. In the 1990s, The Jenny Jones Show, a daytime
talk series, popularized paternity testing as a talk show topic. Since then, any number of daytime shows have
featured paternity tests to identify the fathers of children.
In their book Reading Television, media scholars John Fiske and John Hartley proposed that programming on television
reflects not what society is, but what society aspires to be. This may seem contrary to some of the content of daytime
talk television which seems to speak to people’s less than noble instincts.
Consider topics of parental identification on talk shows such as Jenny Jones or Maury Pauvich. You may wish to view
online video clips of daytime talk TV paternity testing, easily found on YouTube, before answering these questions.
1. a) Do you think that the content reflected in daytime shows reflects what society aspires to be?
b) If not, then how do you explain the popularity of daytime television paternity tests?
2. Why do you think people use daytime talk TV to identify the father?
3. What long-term consequences do you think could arise for the parents and the children from appearing on
these talk shows?
4. Review Who is a Parent and the paternity test talk show clips you viewed. Are there circumstances where the
individuals not determined to be the birth father could still be viewed to have parental responsibilities under
the law?
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24
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Channel
Four
Kids in the Middle
Objectives:
Methods:
Materials:
Students will consider the messages being sent
out on television in relation to divorce.
Discussion, Reading,
Television Case Study, Viewing
Kids in the Middle, What Kids Need,
What Kids Don’t Need,
Television Study: You Can’t Do That On Television,
Internet Access
Procedures:
1. Brainstorm needs of a child ideally met through their family.
2. Assign reading of Kids In the Middle . Teachers may wish to pay particular
attention to the discussion and analysis of depression, especially if they
are using the TV, Divorce, and Depression activity.
3. As a supplementary activity to Kids In the Middle, assign TV, Divorce,
and Depression reading and questions.
4. Ask students to consider the list of “What Kids Need” and “What Kids
Don’t Need.” In what ways can parents provide for the requirements
of this list? Do you think anything is missing from this list?
5. Using the “What Kids Need” and “What Kids Don’t Need” discussion
as a springboard, assign Television Case Study: You Can’t Do That
On Television .
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Kids
in the
Middle
Kids in the Middle
HANDOUT
When parents separate it is a sad and stressful time. It is a traumatic event for most kids. If you are dealing with
your parents separating you probably already know you are not the only one. The statistics show that many
thousands of parents separate or divorce every year and statistics aside, almost everyone knows many people in
this situation, even if they are not in it themselves.
You have probably heard lots about how kids from “broken” homes are at risk for all kinds of problems. Some studies
suggest that children whose parents eventually divorce have higher levels of depression and anti-social behaviour than
children whose parents remain married and that levels of depression tend to increase in the aftermath of a divorce.
However, these studies do not determine the cause of these issues. For example, it may be that families where parents
divorce have other characteristics in common that account for their children having higher rates of depression. The
study of depression in children of divorced parents found that families where the parents divorced also had other
characteristics such as the parents themselves being depressed and family dysfunction. When families with these
characteristics in common were compared, the difference in depression rates for kids was similar regardless of
whether the parents stayed together. In fact they found that when a family is very dysfunctional, children’s levels of
anti-social behaviours actually decreased when the parents divorced.
Separation or divorce sets in motion a whole chain of events making it very difficult to know if it is simply the fact that
parents are not together that results in some negative outcomes for their kids. For example, early studies of families
assumed that the absence of a father in the home accounted for the difficulties some kids experienced, while later
studies suggested that the relative poverty of separated parents accounted for many problems.
What is important to remember then is that there are many factors that influence how well the people involved,
including kids, do when parents decide to live apart. This is important to know because those other factors, such as
financial security or contact with both parents, provide an opportunity for helping kids deal with their family situation.
It may be inevitable that many parents will not stay together. It is also probably inevitable that both kids and parents
will experience grief because the family is no longer together. However, it is not inevitable that the separation has to
have long term detrimental effects on the kids.
What Kids Need
Kids can adjust to separation and divorce better
when there is…
• protection from parental conflict and violence
• recognition that both parents provide valuable
resources for children in terms of emotional
support, protection, guidance, supervision, role
modeling, and gender identity (unless there are
violence or abuse issues that may require a
modified approach) • adequate financial support
• positive information about changes to the family
and open communication in a respectful manner
• assurance that they are not responsible for the
separation
• respect for cultural and religious heritage
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What Kids Don’t Need
Kids can get put in the middle when parents…
• ask kids to carry messages between them
• ask kids to spy on the other parent or share
information about them
• ask kids to keep secrets from the other
parent
• expect kids to listen to them criticizing and
blaming the other parent
• ask kids to choose one parent over the other
• involve kids in the conflict
• try to get kids to take their side
• use the kids to get back at the other parent
• don’t allow kids to freely express love for the
other parent
• don’t support kids spending time with the
other parent
27
HANDOUT
Kids in the Middle ...continued
Kids need “both parents [in order] to become a secure adult, even if one of the parents
is imperfect or prone to making mistakes; it is an unchanging fact that every child’s reality
includes both parents of his or her family of origin.” Each parent has a responsibility to
shield their children from information about their parents’ conflicts and struggles.
(Thomas, Shirley, 1996: Parents Are Forever, a Step-By-Step Guide to Becoming Successful Co-parents After Divorce)
In some cases parent’s behaviour is so destructive and extreme that there can be what is called “parental alienation.”
A Saskatchewan Court described this as occurring “when one parent convinces the children that the other parent is
not trustworthy, loveable or caring – in short, not a good parent.” According to some professionals, children in this
situation can exhibit symptoms including tantrums, regression, sleep problems, behavioural and academic problems,
withdrawal or aggression with peers and depression. Older children caught in this situation can be subject to
academic failure, eating and sleeping disorders, suicide, delinquency, promiscuity or substance abuse.
The result of parental alienation can be that a child is reluctant or even refuses to spend time with the other parent.
This can happen because the child comes to believe the negative things that the one parent is telling them. As well
the child may fear the disapproval of the alienating parent if they still want to see the other parent.
Courts take this kind of situation seriously and can make changes in custody and access arrangements to deal with
it. One of the factors in deciding on custody is the willingness of the parent seeking custody to promote the child’s
relationship with the other parent. While courts have stopped short of saying that a custody order will be automatically
changed if the parent with custody is refusing to allow access, it does raise serious questions “about the fitness of that
person as a parent” and is a reason to reconsider the issue of custody.
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TV, Divorce,
and Depression
HANDOUT
Although some studies have shown that children whose parents separate suffer from more depression than
those whose parents have remained together, the cause of depression is not always clear. There can be countless
other factors influencing such emotions.
To demonstrate this point, read the following news story about television viewing and depression, then consider the
corresponding questions.
Teen TV Time Tied to Adult Depression
More exposure meant more symptoms, study found
By Ed Edelson, HealthDay Reporter
SOURCES: Brian A. Primack, M.D., assistant professor, medicine and pediatrics, University of Pittsburgh School of Medicine; David S. Bickham, Ph.D, research scientist,
Center on Media and Child Health, Children's Hospital, Boston; February 2009 Archives of General Psychiatry. Copyright © 2009 ScoutNews, LLC. All rights reserved.
Reprinted under guidelines for use. http://www.healthscout.com/template.asp?id=623649
Feb. 2, 2009 (HealthDay News) – Teens who spend long hours watching television are at higher risk for depression
as adults, a new study finds. Participants faced significantly greater odds of being depressed seven years later, and the
risk rose with each hour of daily television viewed, according to a report involving more than 4,000 teenagers. The
same association was found for exposure to other electronic media, the researchers noted.
"We cannot be sure it is cause-and-effect," stressed study author Dr. Brian A. Primack, an assistant professor of
medicine and pediatrics at the University of Pittsburgh School of Medicine. "The reason that the study suggests it
might be cause-and-effect is that the television viewing came first. It did not include people who had symptoms of
depression when the study began."
His team published its findings in the February issue of the Archives of General Psychiatry. The adolescents in the
study were first asked in 1995 about the number of hours they had spent the previous week watching television or
videocassettes, playing computer games, or listening to the radio. They reported an average daily exposure of about
5.7 hours, including 2.3 hours of television viewing.
Seven years later, at an average age of almost 22, 308 (7.4 percent) of the young people had developed symptoms
consistent with depression. The incidence of those symptoms was directly related with the number of hours of
exposure to television and other electronic media reported at the start of the study, the researchers noted.
However, "while we were able to control for a lot of variables such as socioeconomic status and education, in the
final analysis we cannot be sure it was cause-and-effect," Primack said. It's possible to speculate about why watching
television might lead to depression, he said. "One theory is that you see a lot of depressing events on television and
are likely to internalize them," Primack said. "Television emphasizes bad news, and repeated exposure to it might be
internalized."
TV commercials might also have an influence, he said. "You see about 20,000 television advertisements a year, and
a large proportion of them dwell on the fact that life is not perfect," Primack noted. TV viewing might also replace
social, intellectual or athletic activities that protect against depression, and late-night watching might disrupt normal
sleep, which is essential for emotional and intellectual development, he said.
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29
TV,
Divorce,
U
O
T
D
N
A
H
and Depression ...continued
It would be desirable to know whether specific kinds of television exposure might be linked to later development of
depression, Primack said. "Probably there are certain kinds of exposure that are depression-genic," he said. "If we
learned more about whether certain exposures increase the risk, we might be able to do things about them."
The study was called "a very good first step toward demonstrating this relationship between television and depression,"
said David S. Bickham, a research scientist at the Center on Media and Child Health of Children's Hospital, Boston.
"It demonstrates a high level of sophistication," Bickham said. "While it doesn't prove causality, it is evidence in that
direction. More studies are needed to explore the issue further and see what is going on."
Questions for thought
1. The authors of this study hypothesized several reasons why television may lead to depression:
• Messages teens receive from the media programming are often negative, and may be internalized.
• Television commercials serve as a reminder that life is not perfect.
• Media exposure cuts into time that may otherwise be spent on social, intellectual or athletic pursuits, which
may have a protective effect against depression.
• Excessive media exposure may interrupt sleep, a key factor in emotional and cognitive development.
Consider each of these reasons for why television may lead to depression. For each, decide if you agree or
disagree. Justify your opinion.
2. You have also read in Kids in the Middle that certain studies indicated divorce may lead to youth depression.
Consider what you learned from Kids in the Middle and Teen TV Time Tied to Adult Depression .
a) Is it always possible to pinpoint one cause (such as the media or parental divorce) for depression?
b)Knowing this, what factors should one consider when looking at any study?
3. Do you think the media only has a negative influence on emotional development? Why or why not?
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Television Study:
You Can’t Do That
On Television
HANDOUT
You Can’t Do That On Television was a Canadian children’s sketch comedy show that aired from 1979 to 1990. It
was well-known in Canada and the United States for its off-the-wall format that dealt with issues of interest to
young people.
Child cast member Justin Cammy, now an assistant professor at Smith College in Massachusetts, said in a recent
interview...
You Can't Do That On Television was the first post-modern children's program of my generation.
It subverted all recognizable forms and deconstructed the pre-teen's understanding of such
important institutions as the family, the school and the video arcade.
Each episode of the show used humour to address a particular topic of interest, from video games to drug abuse. In
1984, they produced and aired an episode titled “Divorce,” coincidentally that featured Justin Cammy. As reported
on the You Can’t Do That On Television fansite (www.ycdtotv.com) this episode was subsequently banned in Canada
due to its content, which was considered too risque for the time. Reportedly, the episode did air several years later
on YTV. Today, this particular episode along with many others are available for online viewing at several fan websites
and on YouTube.
Search and watch the 1984 “Divorce” episode of You Can’t Do That On Television and consider the following
questions...
The Content
1.Using the “What Kids Need” and “What Kids Don’t Need” list, determine which of these needs are addressed
on the Divorce episode. How do you feel about the ways that the show addressed these needs?
2. Do you think that by addressing these issues, the show made divorce more “normal” for teens from all backgrounds,
or do you think the humour was ineffective? Justify your response.
The Ban
1.Is this episode something that would be banned from television today? Why or why not?
2. What differences and similarities do you seen in how this program deals with divorce compared to current television
shows you may have seen. What does this tell you about the evolution of media? The evolution of divorce?
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31
32
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Channel
Five
When Parents
Separate
Objectives:
Methods:
Materials:
Students will understand the various legal
considerations surrounding divorce.
Reading, Discussing,Viewing
Going Their Own Way, Divorce in the News:
A Retrospect, Internet Access
Procedures:
1.Discuss with students whether they believe that the courts are always
best-suited to deal with family law issues.
2. Break students into groups of three to read and discuss Going Their Own
Way as a Say Something activity. Say Something (developed by Harste,
Short, and Burke, 1998) is a simple reading strategy that interrupts text
readings to allow students the opportunity to think and discuss what has
been read.
• One student should begin by reading article aloud while partners
listen.
• The student who is reading should stop after two or three
paragraphs to say something or ask a question about what they
have read. Students could:
∆ ask a question
∆ clarify something that may have been misunderstood
∆ make a comment
∆ make a connection
If a student is unable to do so after three or four paragraphs,
they should re-read the segment until it is better understood.
• Students should discuss, then switch to the next reader.
3. Using knowledge gained from reading Going Their Own Way as a
Say Something, students should complete Divorce in the News:
A Retrospect .
4. As a supplementary activity, teachers with access to the American
syndicated television program Divorce Court may wish to have their class
view episodes and discuss the legalities and ramifications of such a program.
The current version of Divorce Court (it has had three separate runs on
daytime television since 1957) is similar to binding arbitration: litigants
have filed for divorce and agreed to abide by the ruling of the television
judge. However, these half-hour proceedings are a vast oversimplification
of the legal divorce process and designed for entertainment purposes, not
legal education. In fact, some blame programs such as Divorce Court for
encouraging the litigious nature of American society and a misunderstanding
of the functions of law.
Teachers may wish to find a particular episode of Divorce Court suited to
their classroom and have their class compare and contrast television versus
reality. An excellent reading in this area is “Syndi-Court Justice: Judge Judy
and Exploitation of Arbitration” available from the American Bar Association
website, at www.abanet.org/dispute/essay/syndicourtjustice.pdf.
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When
parents
Separate
Going Their Own Way
HANDOUT
Legally ending a spousal relationship itself is often the least problematic issue couples face when they decide to
separate. Aside from the separation or divorce itself, there are many other issues that must be dealt with as a
result of the end of their relationship, such as…
• Will either of them continue to live in their home?
• Where will the children live?
• Who will make decisions about the children?
• Will one spouse pay support to the other spouse?
• Who will get what property?
• How much will each spouse contribute financially to the support of the children?
Ending the Relationship
What is required to formally end a spousal relationship depends on whether the couple was in a common law
relationship or a legal marriage. A court order or other legal document is not required for spouses to separate
and live apart. Unmarried spouses do not need to go through any legal procedure to end their relationship - the
relationship will generally cease to be recognized as a spousal relationship once the spouses have stopped living
together as spouses for a period of at least 24 months.
Legally married spouses must obtain a divorce in the form of a court order before their marriage is legally at an end.
A court order for divorce ends the marriage and leaves the spouses free to remarry. A court will grant a divorce
if there is a breakdown of the marriage. Marriage breakdown can be established by showing adultery, cruelty or
separation of one year or more.
To deal with other issues that need be addressed when parents separate, parents sometimes can reach an agreement.
If parents agree on the terms of their separation, they can write the terms in an agreement. Even if parents cannot
agree on their own there are a number of ways that they can get help to reach an agreement. If no agreement can
be reached then the spouses can go to court and the court will decide how to resolve the issues and will make
court orders about things like custody and support.
If parents choose the collaborative approach then each parent works with their own collaborative lawyer trained to
negotiate settlements that meet the needs of both parents and the children. Parents who use this process commit
to reaching a settlement through a collaborative process outside of the courts and agree that the lawyers will not
represent them in court if no agreement is reached.
Some couples use mediation to try and reach an agreement. With the assistance of a trained mediator, parents are
guided towards an agreement that can provide practical solutions to resolving matters between them. A mediator
is an independent third party who can facilitate communication and help spouses find solutions that they may not
have considered before.
Even when parents decide to hire lawyers it does not necessarily mean they are going to court. A big part of lawyers’
jobs is to negotiate agreements. Negotiation through a lawyer allows parents who are unable to deal directly with each
other to compare views with the other side in the context of their legal rights and obligations.
Making Plans
There are many reasons why agreements are useful for settling things between parents when they separate or
divorce. Reaching an agreement allows parents to decide for themselves how to resolve their issues rather than
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35
HANDOUT
Going Their Own Way
...continued
having a court decide. Parents may be more likely to stick to an agreement that they made over an arrangement that
was imposed on them by a court. An agreement can be tailored to meet the unique needs of each family. Deciding
things by agreement can help parents focus on things like the needs of their children and not get caught up in the
idea of winning or losing in court. Finally, entering into an agreement may be less expensive and less time-consuming
than going to court.
Generally a court will presume that when parents agree they usually know what is best for the family and what is
in the best interests of their children. The Supreme Court of Canada has said that:
Parental agreements should be the rule and must be encouraged since parents are generally in the best
position to assess the best interests of the child. In addition, such agreements minimize ongoing parental
conflict and litigation, which are clearly not in the best interests of children.
Courts are also reluctant to let people go back on their promises when they have been put into a legal agreement. If
courts routinely disregarded agreements people would have no reason to try and settle things themselves. In addition
agreements often deal with a number of things and when courts change only part of an agreement it may be unfair to
one party. For example, one party may have given up something in the agreement in return for something else they
wanted. If the court changes part of the agreement one party may be left with having given something up without
receiving any benefit.
Parents may not have the same expectation that an agreement is final when they agree on child support, as opposed
to something like a parenting plan, because there are guidelines in place about the amount to be paid and how to deal
with changes in income to ensure that children are properly provided for. But even child support agreements are
given considerable weight because they too were likely considered holistically by parents. For example, lesser child
support may have been compensated for with more spousal support.
Although agreements are valuable, there are circumstances where courts can change agreements made between
parents. As far as parenting arrangements for children are concerned courts have always reserved the right to
overrule parents’ wishes, even if they are in a written agreement, if they are not in the best interests of the child. In
the case of child support agreements there are guidelines about the amount of support that should be paid. Courts
can depart from these guidelines and accept a parental agreement for a different amount only if the court is satisfied
that reasonable arrangements have been made for the support of the children.
There are also special considerations that apply to agreements that deal with family law. For one thing these agreements
are in effect over long periods of time. Families do not stay frozen in time after parents separate – kids grow up,
parents may enter into new relationships, change careers or relocate to another city. Sometimes people will try
within an agreement to anticipate changes and how they will be dealt with, but there are times when a court will be
asked to decide if the terms of the agreement need to be changed because of changing circumstances.
Courts will also consider the relationship between the people when the agreement is made. When a relationship is
ending people will often be emotionally vulnerable. As well, the dynamics of the relationship can affect people’s ability
to freely enter into an agreement. It may be that one party is in a position of power in the relationship and has used
this to their advantage in coming to an agreement.
Courts will try to find a balance between the idea that agreements are useful and should be respected and the
idea that a court’s ultimate responsibility is to make sure that the agreement is in the best interests of the children.
Agreements must “substantially comply” with the best interests of the children, but there are a wide range of parenting
arrangements that could satisfy the best interests of the children in any particular case. Courts will oversee the rights
of children but also allow parents to decide, within a range of options, what is best for their family.
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Divorce in the News:
A Retrospect
HANDOUT
The laws surrounding divorce have changed dramatically over the years, and so has the media’s coverage
of divorce. The CBC Archives, available online at www.cbc.ca/archives, have an array of television
and radio coverage of divorce-related news coverage from 1960 - 1998. Coverage can be found at
http://archives.cbc.ca/society/family/topics/760-4655/.
Watch the television news coverage of divorce from the 1960, 1968, 1986, 1992, and 1998 clips. Also be sure to read the
corresponding “The Story” and “Did You Know” sections to the right of the video player. It would also be advantageous
to listen to the radio clips to better understand the context of divorce’s evolution in the eyes of news media.
Using the chart below, compare and contrast the television news clips on divorce.
The Shady Lady
will help you get
a divorce
(1960)
Getting divorced
becomes easier in
Canada
(1968)
To have and to
hold a marriage
contract
(1986)
Alimony agony
(1992)
Do-it-yourself
divorce
(1998)
What was
the issue
being
addressed?
How did the
law apply to
the issue?
How do the
journalists
approach
the story?
How are the
people being
interviewed
portrayed?
Overall, how
has divorce
evolved
from the
previous
clip?
How has the
law been a
factor in the
evolution of
divorce?
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Channel
Six
Looking
After Kids:
Custody &
Access
Objectives:
Methods:
Materials:
Students will learn about custody and access
laws and their portrayals on soap operas.
Reading, Analysis
Custody and Access,The Sordid World of Soaps
Teacher’s Background Information:
What’s in a Name?
The words we use can shape our thinking about something. How we
think shapes our language too. As new ideas develop new language
evolves to express those ideas. For example, think about the use
of the term “broken home” to describe a family situation involving
separation or divorce. Or the use of the word “visitation” to describe
a parents access time with their child. Or using the terms “win”
and “lose” to describe a custody “battle.” What, if anything, do words
like “man and wife,” “husband and wife,” “partners,” “couples,” and
“spouses” tell you about the kind of relationship the people they refer
to may have?
Procedures:
1. Introduce students to What’s in a Name background information.
Ask students to identify any other words or phrases that are used
to describe families and their situations and discuss how these
words developed or changed over time.
2. Lead classroom reading of Custody and Access . Teachers may
wish to have students complete vocabulary activity from The
Sordid World of Soaps as a during-reading activity.
3. Assign Custody and Access: The Sordid World of Soaps .
4. Teachers wishing to examine custody and access through case
studies should refer to the family law unit of PLEA’s teacher
resource Just Law. “Custody - What is in the best interests of the
child?” found on pages 59-64 of Just Law features three custody
case studies. Just Law is available at plea.org.
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Looking
after kids:
custody &
access
Custody and Access
HANDOUT
Until parents of a child make an agreement or get a court order they are generally considered joint guardians
of their child, with equal rights, powers and duties. The law uses the terms “custody” and “access” to describe
the rights and responsibilities of parents in relation to their child. In recent times both the courts and family
law professionals have begun to move away from this language, but because our laws still use these terms, it is
important to understand the concepts.
Custody typically refers to the rights and responsibilities to care for a child. It includes making the major decisions in
a child’s life, such as where the child will go to school or whether they will attend church. The courts can order, or
parents can agree, that one or more people have custody of a child.
Access typically refers to a child’s right to spend time with a parent who does not have custody. “Parenting time” is
sometimes used instead of the term access, but may also be used to simply describe the time each parent spends
with the child. The parents of a child may agree, or a court may order, access for someone other than a parent. This
may happen when a child has a close or meaningful relationship with someone like a grandparent or other extended
family member.
To a certain extent the terms custody and access reflect an earlier time when one parent was “awarded” custody and
the other parent was given “visitation” rights. It is now recognized that there are basically two aspects of caring for
children to be considered when parents are not living together. One aspect is the right and responsibility to make
major decisions for the child. The other aspect concerns where the child will live.
Sometimes one parent is responsible for both aspects of taking care of a child. When only one person has custody
of a child the term sole custody may be used. Sole custody means that one parent has custody of the child and the
child typically lives with that parent the majority of the time. That one parent is also legally responsible for making
decisions about the child.
When the parents divide the two aspects of looking after a child (where the child lives and decision making responsibility
for the child) between themselves, they have joint custody. There are many different ways to divide these aspects
between parents when they are not living together.
Court Talk: What is Joint Custody?
When more than one person has custody of a child and shares these responsibilities the term joint custody
may be used. Joint custody doesn’t necessarily mean that the child will actually spend time living with each
parent, although that it is a possibility. Joint custody means an arrangement whereby the parents share
the responsibility in making major decisions concerning their child’s welfare, be the welfare of a long-or
short-term nature. Whether the child resides only with one parent or spends an equal amount of time
with each parent is of secondary importance to the arrangement.
Why Joint Custody?
Every family is unique and what works for one family may be unworkable for another family. The increase in cases
where parents have joint custody could be partly explained because, in the right circumstances, it can allow a child,
whose parents no longer live together, to continue to have close relationships with both parents. In one case a Court
commented that:
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Custody and Access
...continued
Court Talk
The evidence clearly shows that the child is happy, well adjusted and loves each parent, as each parent
loves her, without qualification. Indeed, she seems to be thriving in the upbringing of her two devoted,
caring and capable parents. In my view, it is not in the child’s best interest to choose between the parents
and award sole custody to one of them. Rather, each parent should continue to play a meaningful role in
her life and have an important part in making future decisions concerning her best interests.
Making it Work – Parenting Arrangements
Depending on how the parenting responsibilities are divided between the parents, there are different terms used to
describe different types of joint custody arrangements.
When parents have shared custody the child lives with each parent for an equal, or close to equal, amount of time
and parents share the right and responsibility of making decisions regarding the child’s life. This type of parenting
arrangement has unique benefits and also some unique challenges. While it allows for the maximum involvement of
both parents, it requires children to adapt to having two homes. This type of arrangement anticipates that the child
will consider both places their home and not have one place that is “home” and another where they “visit”.
Court Talk
In a shared parenting arrangement it is not necessary for parents to parent exactly the same. However,
there must be some common ground so that the children adjust from one home to the other as smoothly
as possible... In most shared parenting arrangements the child’s routine remains the same subject only
to a change in residence, and the parents share the work and the recreation time associated with raising
children. The result is neither parent is perceived to be more important.
When parents share custody they make joint decisions about their child, regardless of where the child happens to
be living at the time. This requires a degree of cooperation between separated parents that sometimes does not
exist. There was a time when, in most cases, courts would not consider joint custody if the parents were hostile or
uncooperative with one another.
A parenting arrangement that can allow even parents who do not cooperate well to share custody of a child is called
parallel parenting. In this situation the child spends time living with each parent and that parent generally has complete
responsibility for the child when the child is with them. Both parents have equal standing in relation to the child, but
exercise the rights and responsibilities related to custody independent from one another.
Another variation of parallel parenting may split decision-making responsibilities between the parents. For example,
one parent may be totally responsible for decisions that relate to schooling and religion and the other parent may be
totally responsible for decisions that relate to sporting activities and other extracurricular activities.
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Custody and Access
...continued
HANDOUT
Court Talk
It is a simple fact that when relationships break down they do so because those involved do not get
along. The ability of the estranged parents to communicate with regard to their children is often dictated
by their prior relationship. Just because parents have difficulty in discussing child-related issues is not
a sufficient reason to deny joint custody... Joint custody can be an appropriate disposition even in cases
where parents are openly hostile and uncooperative. The key is to set up a joint custody arrangement that
involves “parallel parenting” versus “cooperative parenting.” Under such an arrangement both parents
have equal status but exercise their rights and responsibilities associated with custody independently from
one another...
Split custody is an arrangement where the custody of two or more children is divided between their parents. The
parents may have sole custody of the child or children living with them or they may have joint custody, sharing the
right and responsibility of making decisions with the other parent even though the child lives with only one of them.
Nesting is a term used to describe joint custody situations where the child remains in the family home while the
parents take turns moving in and out. This arrangement provides each parent with exclusive access to the family
home separate and apart from the other parent.
Court Talk
The “nesting” aspect of shared parenting appears to be predicated on the theory that it is better to
inconvenience the parents than the children by requiring the parents to come and go to the children rather
than requiring the children to come and go to the respective parents... I am satisfied that this is one of
those cases where, until a home study can be completed, a “nesting” arrangement of shared parenting will
work and is in the best interests of the children. Although what I will order is not what either parent seeks,
it will provide the least disruption to the children until cooler heads can prevail. It is also better for each
parent than an order that the other parent have exclusive possession of the residence and the primary
residence of the children. If either of the parents fail to make the “nesting” arrangement work, particulars
of that failure will be available to the home study assessor and to the court.
Finally the term primary residence is sometimes referred to in court orders or agreements to describe situations
where a child will live mainly with one parent, even though the parents have joint custody.
Best Interests of the Child
The only test for determining custody and access is the best interests of the child. This test is “universally applied”
and used in both provincial and federal laws.
Court Talk
Neither custody or access are rights of parents. Courts have recognized that there is no magic to the
parental tie and will, when the best interests of the child warrant, grant custody to a third party. The “best
interest of the child” test is the “only test” and “parental preferences” and “rights” play no role.
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Custody and Access
...continued
The best interests of the child were not always considered when deciding custody of a child. There was a time that a
father had an absolute right to the custody of a child. In one infamous case a father was granted custody of a young
baby who was still breast-feeding despite the fact that the undisputed cause of the divorce was his cruelty to the
mother. This was a refection of the fact that the “patriarchal family was the preferred, indeed the only, recognized
family structure.”
As courts began to recognize the equality of women in custody decisions, the best interests of the child became the
basis for making custody decisions. Initially however there were certain presumptions about what was in a child’s
best interests. It was assumed that children of “tender years” (under seven) should be with their mother while older
children should live with the parent of the same-sex (daughters with mothers, sons with dads). In law, this is no longer
the case.
There is still one assumption that courts will make. That is that children should have as much contact as possible with
both parents. Because of this, when courts are deciding on parenting arrangements they must consider the willingness
of a parent to facilitate contact with the other parent. This assumption, however, is subject to the child’s best interests.
There may be cases where a court will find it in a child’s best interests to have little, or, in rare cases, no contact with
one parent.
Although the only consideration is the child’s best interests, there are certain things that courts typically consider in
determining what is in a child’s best interests. These include the….
• child’s personality or character and their needs (emotional, financial, physical, cultural, social)
• child’s relationship with others such as brothers and sisters, grandparents and other family members
• child’s relationship with each parent
• parent’s plans for the child
• ability of the parent to be a good parent
The court will also need information about what parenting arrangement the child would like to have. Generally
speaking, the wishes of an older and more mature child will carry more weight than the wishes of a younger, less
mature child.
Court Talk
There is no principle of law that the wish of a child is absolute and in itself determines the issue of custody.
Such an approach would ignore the statutory mandate to “take into account only the best interests of the
child.” In my opinion the correct approach is to take into account all of the circumstances, including the
wish of the child. The weight to be given to that wish will depend on a number of things including the
maturity of the child, experience and age of the child. The last will frequently, but not always, bear some
relationship to the child’s maturity. However, in all instances the wish of the child must correspond with
what is in his or her best interests if it is to be adopted and put into effect.
There are also certain things the court will not consider. The court will not prefer one parent over the other because
of the sex or the age of the child, or for any other such reason. The court will also not take into consideration the past
conduct of the parents, unless it is relevant to the person’s ability to be a good parent. For example, the court may
not consider the fact that one of the parents had an affair while the couple was together but may consider behaviour
such as drug or alcohol abuse.
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Custody and Parenting
Arrangements:
HANDOUT
The Sordid World of Soaps
Soap Operas have been a staple of popular culture since the early days of broadcasting. The first soap operas were
heard on AM radio during the daytime and geared towards stay-at-home mothers. The term soap opera originated
from soap manufacturers who sponsored these daytime dramas to advertise their brand of soap.
Since those early days, soap operas moved from radio to daytime television, and later expanded into prime-time
television. However, daytime soaps are still considered the standard and the formula has largely remained the same:
a storyline that continues from episode to episode, often focused on the wealthy and elite. Of course, it is not
uncommon for the storylines to be about over-the-top scenarios.
Divorce on soap operas is common and these daytime television divorces appear to be hits with viewers. For example,
the highest-rated episode of a soap opera in British history occurred on the show EastEnders. On Christmas Day
1986, 30 million viewers tuned in to watch character Den Watts serve his wife Angie with divorce papers.
While the plots of soap operas may be interesting, the way they portray events like divorce can be rather unrealistic.
In fact, www.womensdivorce.com, a website geared towards women experiencing divorce, has suggested that parents
turn off the television when television portrayals of divorce go over-the-top, or address these outrageous situations
with their children so they can better understand the realities - not the drama - of divorce.
Considering Soaps, Divorce, and Custody
1. Definitions: Briefly define (in a sentence or two) the following custody and parenting arrangement terms.
a) Custody
b)Access
c) Joint Custody
d)Shared Custody
e)Parallel Parenting
f) Split Custody
g) Nesting
2. Review Best Interests of the Child and consider some of the important factors in determining custody. Then
read the following scenarios, all taken from episodes of soap operas. For each, with the facts given decide:
a) What information you would like to find out to ensure custody is awarded to the most appropriate person.
b) Which parenting options would be best suited for child custody and access, given the information you have.
You may wish to check any of the online soap opera forums or find a classmate who follows that particular soap
opera if you would like more background information on each case.
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HANDOUT
Custody and Parenting
Arrangements:
The Sordid World of Soaps
Scenarios
The Young and the Restless
Sharon originally placed her daughter Cassie for adoption with a woman named Alice. Several years later, Sharon
took Cassie back. Several years later, Alice decided she would make a better mother for Cassie, and sued Sharon
for custody. Alice claimed she was now married and could provide a better home than the single Sharon. During
the custody battle, to give an appearance of a happy home, Sharon’s ex-husband Nicholas moved back in with her
but slept on the sofa.
Coronation Street
Sean, a gay man, donated sperm to Violet so she could conceive a baby. After the conception, Violet reunited with
her ex-boyfriend Jamie, infuriating Sean. Sean was afraid the rekindled romance would result in him being pushed
out of the life of his child, so he sued for custody of the unborn child. Violet contends the agreement was for Sean
to be the sperm donor and a father in name only.
As the World Turns
Sophie decided to allow the Munsons to adopt her baby Hallie, but was given a thirty day window to reclaim
custody. Sofie decided to let the baby stay, but then regretted this and kidnapped Hallie, fleeing to New York City.
Hallie became sick, so Sofie returned to Oakdale. Sofie blamed post-partum depression for her actions, and sued
for custody.
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Channel
Seven
Money Matters
Objectives:
Methods:
Materials:
Students will understand the costs associated with
having children, and synthesize concepts of television
and parenting after separation and divorce.
Discussion, Reading, Writing
Money Matters, How to Write a Sitcom,
Create a Sitcom
Teacher’s Background Information:
Bringing Up Baby - What Does it Cost?
How much does it cost to raise a child? Estimates vary but studies have
indicated that it costs about $150,000 to raise a child from birth to 18
in Canada. Some sources estimate the cost as high as $250,000. These
estimates do not include money that many parents also spend sending
their kids to university or college.
Procedures:
1. Discuss with students the lifetime cost of raising a child. Discussion
may want to branch out into considering what parents must give up
and what parents will gain from having children. Teachers wishing
to further explore the cost of children should make use of the Baby
Budget activity in Money Matters .
2. Have students read Money Matters .
KEY QUESTIONS
• Why is it important for the law to dictate certain minimum
requirements for supporting a child?
• Do you think the law as it exists best meets the needs of all
people involved?
3. Have students complete their KWL chart from Lesson One.
4. Ask students to reflect upon sitcoms profiled in Lesson One activity
TV and Family: A Profile and discuss any aspects of these sitcoms
that are now better understood. Teachers may wish to introduce
students to McQuail’s four general uses for media by its audience,
outlined in Create a Sitcom , for revisiting Lesson One’s profiled
sitcoms.
5.Assign Create a Sitcom as a writing activity, or modify framework
for use as a higher-level sitcom profiling activity.
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Money
Matters
Create a Sitcom
Sitcoms have evolved along with family structures and society in general. Today, there
seems to be few areas considered taboo for sitcoms. In fact, sitcoms have sometimes
been hailed as leaders in advancing social change.
HANDOUT
Create a proposal for a sitcom that addresses a unique, modern family living situation. The sitcom should
show an understanding of some of the laws regarding parenting after separation and divorce. You will want
to read How to Write a Sitcom and consider the sitcoms you have seen and studied before putting your
ideas together.
The proposal should cover three areas:
1. A clear outline and explanation of what your sitcom will be about. This explanation should describe...
• Style and Genre
What kind of sitcom will this be?
What shows are comparable to your sitcom and why?
• Setting
Where will the sitcom take place?
What reasons do you have to choose this particular setting?
• Characters
Who are the major players in the show?
What are their physical and personal attributes?
How will they interact with one another?
• Plot Outline
What is the background of the show, and what kind of storylines will be pursued?
How will this work with the show’s style, setting, and characters?
2. What areas of family law, including the area of separation and divorce, will your sitcom address?
3. In media professor Denis McQuail’s book Mass Communication Theory, he found that there were four general uses
for media by its audience: A successful sitcom should be able to fulfil these uses. Explain how your sitcom can
be designed to fulfil the audience’s needs in these four areas...
• Information
We use the media to educate us in certain areas, such as learning more about the world, seeking advice on
practical matters, or fulfilling our curiosity.
What kinds of information will your sitcom provide viewers? How will it be provided?
•Personal Identity
We may watch television to associate an actor’s character with our own. For example, in the comedy Friends all the
actors have different personalities, we as the audience imagines or desires that we were them or resembled them.
How will your characters be people that viewers [can relate to or] aspire to be?
• Integration and Social Interaction
This refers to gaining insight into the situations of other people, in order to achieve a sense of belonging. For
example, when watching a movie, we may get very emotional because we experience a sense of connection
to the character, and experience symptoms like crying, or covering our eyes. Television also facilitates us in
our personal relationship with friends as we are able to relate and discuss details of media texts that we like in
common with our friends.
How will your sitcom build balanced understandings of family law?
• Entertainment
Media is frequently used for purposes of obtaining pleasure and enjoyment, or escapism. For example, when
we watch TV shows or movies we can end up going into a new world of fantasy, divert our attention from our
problems, and even sometimes gain emotional release.
How will your sitcom engage those in new family situations while still entertaining other viewers?
-source: M/Cyclopedia of New Media
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HANDOUT
Money Matters
Court Talk
These core principles animate the support obligations that parents have towards their children. They
include: child support is the right of the child; the right to support survives the breakdown of a child’s
parents’ marriage; child support should, as much as possible, provide children with the same standard of
living they enjoyed when their parents were together; and finally, the specific amounts of child support
owed will vary based upon the income of the payor parent.
The law says that both parents must support their child. Parents have this obligation regardless of whether they ever
lived together or married. Parents must support their child at least until the child reaches the age of 18. Parents may
be required to support their child past the age of 18 if the child cannot leave home because of illness or disability or if
the child is in school. Parents are required to support their children even if the parent that the child is living with gets
married or lives with someone else.
When the parents of a child are living together they will usually decide between themselves how to support any children
they have. When parents separate, child support is intended to contribute towards the costs associated with having
custody of a child. There are guidelines in place that set out a fixed amount of support for each child depending on the
paying parent’s income and the average cost of raising children for that income level.
Payment schedules show the basic amount that the paying parent should pay. The basic amount may be increased from
the amount set out in the guidelines if there are special expenses for a child, such as health care, child care, education
or extracurricular activities. The basic amount may be reduced if paying that amount would cause undue hardship. The
court may also depart from the guidelines if special provisions have been made for the benefit of the child.
Having a child means you will have significant long term financial obligations to that child, even if
you never had an ongoing relationship with the other parent. The parent of a child is obligated to
provide support for a minimum of 18 years. Based on the current guidelines even a parent who
earns just $30,000 per year (about $10,000 above the poverty line) would pay $54,000 in child
support payments over the 18 years, while a parent who earned $50,000 would pay over $91,000.
These figures do not include any special expenses that a parent may have to pay or any costs for
post-secondary education that a parent might also have to pay.
The basic amounts set out in the guidelines are intended for situations where the parenting plan involves a child
living with one parent most of the time. If a parenting plan involves split custody (when the custody of two or more
children is divided between parents), both parents’ income is considered. If necessary, amounts payable by each
parent can be set off against each other.
For the purposes of child support, the term “shared parenting” has a specific meaning. Under the guidelines, if each
parent cares for their child for 40% or more of the time, the amount of support ordered will take both parents’
income into account. The increased costs that relate to having the care of a child for such a significant amount of
time and the particular circumstances of both parents and the child must also be factored in.
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Money Matters ...continued
HANDOUT
What Happens if a Parent Refuses to Support their Child?
Parents of a child can agree on child support, including the amount to be paid and how often it is to be paid. If the
parents cannot agree, the parent that the child is living with can apply to the court for an order requiring the other
parent to pay child support. The court can also change an agreement about child support if the child is not adequately
provided for.
If there is an agreement or a court order for child support it can be filed with the Maintenance Enforcement Office
(MEO). Before a child support agreement can be sent to the MEO it must be filed with the court, along with a written
signed statement that the agreement is still in effect.
The MEO uses a variety of methods to collect child support. They can ask for post-dated cheques. They can garnishee
the pay cheques of the parent who owes child support. This means that the money from the cheques is used to
pay the child support. They can also garnishee other cheques like employment insurance payments and income tax
refunds. The MEO can ask the Sheriff, a court official, to take property of the parent who owes money, and sell it so
that the money can be used to pay for child support.
A parent who is not paying child support that the court has ordered or that the parents agreed on can be asked to
go to court to explain why payments are not being made. As a last resort the judge can send the parent to jail for up
to 90 days. Sometimes the MEO can have the parent’s driver’s licence suspended also.
Financial Obligations to the Mother
Even where the mother of a child is not the spouse or the common law spouse of the father,
there is an obligation for the father to provide certain kinds of maintenance. A mother may get
maintenance for herself for three months before the birth and six months after the birth of the
child. The father may also be responsible for medical and hospital expenses as a result of the
pregnancy and for certain expenses after the birth.
Activity: Baby Budget
Do you know how much it costs to look after a baby during its first year? First try to think of everything a baby
would need. Make sure you include car seat, crib with mattress and blankets, change table, stroller, diapers, baby wipes,
diaper bag, prescription medications, clothing (including sleepers, coat, hat, foot wear etc.), baby food, high chair, child
proofing items (like safety gates, outlet covers etc.), bathing items (like a baby bath, soap, lotion, towels, face clothes
etc.), toys and books. Once you have a complete list of what will be needed, estimate what you think it would cost to
purchase enough of each item to last a year. Check your estimates by looking for the actual costs at local stores.
To get the complete picture you will also have to consider the cost of childcare and the cost of staying home with
the baby. If parents are working or going to school they will need childcare. Find out who offers childcare for babies
one year old and younger in your area and determine what it would cost to pay for the first year of childcare. Also
estimate what it would cost to stay home in terms of lost income and opportunities.
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How to Write
a Sitcom
adapted from wikiHow
Retrieved February 28, 2009 from www.wikihow.
com/Write-a-Sitcom under the terms of the Creative
Commons Attribution-Noncommercial-Share Alike 2.5
Generic guidelines, found at
http://creativecommons.org/licenses/by-nc-sa/2.5/
3rd Rock From The Sun, Seinfeld, and Friends can all have the power to make you laugh. As Dick Solomon once said on
3rd Rock From The Sun, “Making someone laugh is like having the power to get into someone’s brain and tickle it.” To
which Harry replied, “I could do that with a drumstick.”
There are distinct types of sitcoms, but behind the scenes there is always a script, and scripts don’t fall from the sky.
They need writers.
Format
It would help if you looked for some proper guides on this, but here’s the basics. Sitcom scripts are usually typed in
courier at the font size 14. At the beginning of every scene write where it takes place. Stage directions are in blocks
of text spanning from the margin on the left to the margin on the right. Always have character’s names in capitals
unless someone is speaking it.
Style
Look around at all the different sitcoms on the air. Look at where they come from. The show’s nation of origin
usually influences the type of comedy used. For example, American comedy is mainly slapstick and what happens TO
the characters, however British is more about what the characters DO to each other and fooling the audience. Of
course there are many other styles, just look around. Find a nice balance that you think is funny.
Genre
Choose your genre - this can totally change your audience: you can use anything from science fiction to adventure,
or something as simple as misadventures of two friends.
Characters
Plan your characters. Get a notebook and dedicate a page to a character. Outline their mannerisms and how they
behave and talk, then explain why. The characters are the basis of your story.
Plot line
Write a basic plot line in your notepad. You’ll want up to 15 to 20 plot points. You don’t want to write any jokes
here as this comes with the script.
Start to write
Get your laptop, computer, book, anything! Just start writing. This is where you put the jokes in. Make them true
to your character and your style. A full-length sitcom would be about 25 pages.
Read it through
Look for character consistency, plot holes, and anything else. Once you’ve read it, revise it into the second draft.
Always save every draft as a different file. This is so that you can read them all through, and if you think the writing
or humour starts to slip somewhere, go back to where it started to slip and revise!
Tips
• When writing or planning or anything, go in a cool chill place, play some relaxing music and write.
• Set yourself an amount of time to work for, and if you succeed, treat yourself to something.
• Learn from the best and the worst: Sometimes the “worst” sitcoms are the most formulaic, and will teach
you the basic requirements of the genre. The best ones are more likely to effectively disguise the formula.
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How to Write
a Sitcom
from wikiHow
HANDOUT
...continued
Some of the best shows to look for are:
I Love Lucy
The Lucy Show
Here's Lucy
The Carol Burnett Show (while a
variety show format, the sketches
often functioned as mini-sitcoms)
Mary Tyler Moore Show
All in the Family
Rhoda
The Jeffersons
Maude
The Dick Van Dyke Show
The Golden Girls
Boston Common
Will & Grace
Friends
Cheers
M*A*S*H* Gilligan's Island
Roseanne
Bewitched
Many of these shows can be seen in syndication or on cable television channels. It is helpful to talk to fans who
watched when they originally aired to understand their cultural context, especially the Norman Lear shows All in the
Family and Maude.
There are other varieties as well
the satirical: Get Smart
the macabre: The Addams Family
the celebrity showcase: The Bob Newhart Show
the rip-off of another show: The Munsters
the gimmick: My Mother the Car, Mr. Ed, Bewitched
the genre: Petticoat Junction, Green Acres (country bumpkins)
the oppressed: The Office (workplace comedies with conflict between workers and bosses, etc.)
There are also typified formats such as the fish-out-of-water, or putting a person into a foreign or strange
environment.
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