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Intimate Partner Violence and the Fabrication Myth: Implications for Lawyers’ Ethics in Family Law
Deanne Sowter will explore family lawyers’ professional obligations concerning the fabrication myth—the notion that claims of intimate partner violence are fabricated to gain an advantage in family court. Referencing the recent British Columbia Court of Appeal decision in KMN v. SZM, Sowter argues that lawyers can no longer rely on the fabrication myth as a defensive strategy. However, she contends that professional obligations still permit space for stereotypical reasoning, which should be addressed through legal and regulatory reforms to enhance access to justice for survivors.