Goldwater, Dube

Anne-France Goldwater is a Montreal family law lawyer, senior partnerof the firm Goldwater, Dubé. She is a graduate of McGill University,and was called to the Bar in 1981. She has authored articles onparental alienation, international kidnapping and bankruptcy and familylaw, and has just published a lengthy article on unjustified enrichmentbetween common law spouses. Her practice highlights includeestablishing precedents on the recognition of parental alienationsyndrome by the courts, the right of children to the attorney of theirchoice and to claim party status, as well as disparate children’srights such as lump sum support and mandatory reinstatement in aprivate educational institution.

She also successfully challenged the federal and provincial lawsforbidding marriage for same-sex couples, thereby obtaining the rightof same-sex couples to marry. For this achievement, she won theCanadian Bar Association SOGIC Ally Award in 2003, for contributionsmade in the case of equality for lesbian and gay couples.

She successfully challenged the validity of laws preventing women fromexecuting their own alimony and child support orders. She advanced theprotection of privacy rights in family matters in the context ofpaternity litigation between a same-sex couple and the sperm donor. Shehas obtained the highest child support orders in Quebec, and thehighest provisions for cost in a matrimonial matter. She is presentlychallenging the constitutionality of the federal definition of marriagein the Civil Marriage Act, and challenging the constitutionality ofQuebec’s failure to grant rights to common law couples. She is alsochallenging the constitutionality of the Quebec Child SupportGuidelines.

Qualifications and Associations:

Graduate of McGill University, Faculty of Law, 1980
Member of the Quebec Bar since 1981
Member of the Association of Family Law Attorneys

Professional History:

1981 to present – Senior Partner, Goldwater Dubé

Established firm in 1981, to specialize in matrimonial and family law. Sub-specialties now include international kidnapping cases and cases of parental alienation syndrome, as well as involvement in virtually every other area of law, including bankruptcy and constitutional law. The firm has a geographically dispersed clientele across North America.


Award:

Canadian Bar Association SOGIC Ally Award, in 2003, for contributions made in the cause of equality for lesbian and gay couples


Litigation and Practice Highlights:

Contesting constitutionality of federal definition of marriage in Civil Marriage Act, and contesting constitutionality of Quebec’s failure to grant rights to common law couples (pending 2007, 2008 and 2009)

Contesting constitutionality of Ottawa’s approval of Quebec Child Support Guidelines, thereby seeking applicability of Federal Child Support Guidelines to Quebec (pending 2007, 2008 and 2009)

Pleaded Bruker vs. Marcovitz before the Supreme Court, in 2006

Obtained highest child support order in Quebec, in 2006

Obtained highest cumulative orders for provision for costs in a matrimonial matter, in 2005 and 2006

Advanced protection of privacy rights in family matters (sealing order, non-publication order), in context of paternity litigation between female same-sex couple and sperm donor, in 2005

Successfully contested validity of provincial law preventing women from executing their own alimony and child support orders, preventing women from having a say in negotiations between the MRQ and the alimentary debtor, and preventing women from having access to financial information about the alimentary debtor, in 2003

Successfully contested constitutionality of federal and provincial laws forbidding marriage for same-sex couples, thereby obtaining right of same-sex couples to marry in 2002

Won mandatory injunction against private school to order reinstatement of student in 2000 (first time ever granted in Quebec)

Successfully executed and maintained seizures on intra-corporate assets for an inter-spousal claim against one of the corporate shareholders in 1999

Won right of minor children to party status, as well as to independent legal representation of their choice, as well as the right to petition for support on their own behalf within matrimonial litigation (various judgments, at trial and appellate level, in several cases), 1994 to 1999

Established right to force disposition of matrimonial assets at provisional stage, 1996, 1998

Won right of athlete to participate on Canadian Olympic Team in Barcelona in 1994

Won largest lump sum alimentary award for a spouse in 1992

Established right of minor children to lump sum alimentary support in 1992

Established recognition of Parental Alienation Syndrome before the Quebec courts in 1991

Established right of common law spouses to claim provisions for costs in 1991

Won right of spouse to claim property rights in lieu of alimentary support in 1991


Publications and Conferences:

Conferences on Unjustified Enrichment between De Facto Spouses: A Renewal of the Law, or History being Re-Written?, sponsored by CCH, on May 07 and 08 2008, and on October 23 and November 04 2008

Conference on Bruker vs. Marcovitz, sponsored by Canadian Friends of Hebrew University, on February 21 2008 (in Toronto)

Led Conference on Long Distance Custody Cases, for Family Law Conferences on September 18 and 19 1997 (in Montreal and Quebec City)

Article on Long Distance Custody Cases- Are the Child’s Best Interests Kept at a Distance?, published in Recent Developments in Family Law, Editions Yvon Blais, 1997, page 1

Led Conference on Bankruptcy and Family Law, for Conferences on Recent Developments in Family Law on March 20 and March 21 1997 (in Montreal and Quebec City)

Article on Bankruptcy and Family Law, published in The Canadian Family Law Quarterly, Carswell Publishing [cited at: (1997) 15 C.F.L.Q. 139] and Recent Developments in Family Law, Editions Yvon Blais, 1997, page 339

Invited Guest teacher for Psychology and the Law lectures, at Dawson College, 1993-1997

Participation and presentation of a consultative memoire on the alimentary obligation of grand parents, at public hearings conducted by the Minister of Justice Paul Bégin, on March 29 1996

Speeches at the "Women Survivors of Family Violence Group" organized by Batshaw Youth and Family Centres, 1994-1996

Led Conference on Parental Alienation Syndrome, presented to Groupe d’entraide aux pères, May 23 1995

Article on The Code of Civil Procedure (with respect to provisional execution in appeal), publishes in the Bar Journal, vol. 26, no. 6, April 1 1994

Article on The Code of Civil Procedure (with respect to provisional execution in appeal), publishes in the Bar Journal, vol. 26, no. 5, March 15 1994

Workshop Animator on Career Choices for women attorneys, organized by the Women and the Law Committee of the University of Montreal Law Faculty, with the then Bâtonnier of the Bar, Honourable Justice Claudette Picard, February 2 1995

Moderator of Debate on New Reproductive Technologies, Concordia University, February 17 1993

Led Conference on Parental Alienation Syndrome, presented at International Congress on the Child, October 09 1992

Led Conference on Parental Alienation Syndrome, for Conferences on Recent Developments in Family Law, on September 25 and 27 1991 (Montreal and Quebec City)

Lecturer on Parental Alienation Syndrome, for Corporation of Psychologists, May 16 1991

Parental Alienation Syndrome, published in Recent Developments in Family Law, Editions Yvon Blais, 1991, page 121