Transgender Family Law is a specialized area of the general LGBT Family Law.
Transgender Family Law deals with family law issues from the perspective of transgender individuals
Although Transgender people face the same challenges as the general LGBT Community, they face additional more complicated and unique challenges due to societal bias and ignorance.
Biological sex refers to male or female classification at birth based on the anatomy and genitalia.
Gender identity is a personal characteristic and refers to a person’s internal or intrinsic sense of being a man or woman. A person’s gender identity may or may not conform to the person’s birth assigned sex.
Gender expression refers to the external manifestation of gender identity and includes behaviour such as hairstyle, voice, clothing etc.
Gender identity and gender expression are therefore quite different from biological sex.
It is important to note that the fact that a person is gender non-conforming does not necessarily mean that the person is gay, lesbian or bisexual. Gender identity is distinct from sexual orientation.
Transgender is an umbrella term used to describe a person whose sense of being a male or female is different from societal expectations based on their birth assigned sex and includes transsexuals, cross dressers and intersex individuals.
Transgender people like to express themselves in a way that is consistent with their gender identity rather than their biological anatomy at birth. Their gender identity and expression do not conform to societal expectations associated with their biological sex eg. someone who is anatomically female identifying with the male gender or someone who is designated male at birth but has a female gender identity.
They may live their lives as opposite gender by undergoing sex re-assignment surgery or they may simply gender identify as the opposite gender without undergoing sex change.
Transgender people include those who have transitioned from one sex to the other as well as those who gender identify but prefer not to undergo sex re-assignment for personal reasons eg medical or financial reasons.
Although significant progress has been made to protect their legal rights, the law is moving very slowly in this area. In Ontario, Trans people can now change the gender on their birth certificates without first undergoing surgery for sex re-assignment. This is a big step for Trans people in having their gender identity legally recognized without being subjected to the surgical requirement. Ontario is the first Province in Canada to drop the requirement of a sex change surgery in order to change gender identity.
However, Transgender people still face many barriers and discrimination. We need laws that keep up with societal changes and which reflect the reality in our Society.
Transgender people continue to be stigmatized by the system and face big hurdles in their fight for equality and are yet to be fully recognized as equal under the law. Their freedom to work and live safely in the Society is threatened on a regular basis because of their trans status or gender expression. Legal family relationships are often tied to a person’s gender and this can create legal problems for Trans people as their relationships become more challenging. They are vulnerable and underserved segment of the population and face legal minefields on a day to day basis eg:
It is very unfair to violate Trans people’s civil rights not because they did anything wrong but simply because they do not meet Society’s expectations of how a man or a woman should behave.
Family Law issues facing members of the transgender community are unique and challenging. The trans people face systemic problem of cultural and social bias within the family court system. Their rights tend to be overlooked due to pervasive bias within the legal system. They are very vulnerable within the family law courts. They could lose a custody battle, have limited access to their children, be forced into unfair property settlement or have their long term relationships not recognized, because of their transgender status.
Our areas of practice under Transgender Family Law include the following:
a) Relationship Recognition and Protection
b) Protection of Parental Rights:
• where child is adopted by transgender parent
• where child is born to unmarried parents and not biologically related to transgender parent
• where child is biologically related to transgender parent
• where child is born of a marriage and not biologically related to transgender parent
c) Parenting Agreement for a transgender or gender non-conforming child
d) Separation
e) Step-parent and second parent adoption
f) Divorce / Relationship Dissolution
g) Parental Rights after Divorce/ Relationship Dissolution
h) Custody, Support, Access Disputes
i) Representation in Children’s Aid Society ( CAS) proceedings involving transgender parents or transgender youth
j) Child custody, Support and Access Disputes involving Transgender Parents, Transgender Child or Gender Non-Conforming Child
k) Custody disputes between parents who disagree about the transgender status of their child(ren).
l) Spousal Support
m) Division of Property / Trust Claims
n) Living Together Agreements
• Cohabitation Agreements
• Marriage Agreements
• Separation Agreements
• Parenting Agreements
0) Variation Proceedings involving A transgender Youth or Parent
p)
Manafa Law Office is Transgender friendly and non-judgmental. We advocate for Transgender parents, children or spouses. We help them navigate this highly evolving area of family law. If you are a Transgender, with legal issues in our area of practice, please contact a Toronto Transgender Family Lawyer at (416) 972-0404 to help you navigate through the unique challenges facing the Transgender people in the Ontario family law courts.
