IDST 3123 Family Law
Prof. Jean Dewolfe Winter 2008 Office: BAC 348 Appointments made through Karen J. Turner Department of Sociology Office 5851493 or call Professor Dewolfe directly 6782157 Email: jdewolfe@mtdc.ns.ca
COURSE SYLLABUS Course Description A study of the family in Canadian society from the legal perspective. The legal system itself will be briefly examined to provide a foundation for the use of Canadian statutes and judicial decisions as course materials. Topics covered include children and the law, custodial issues, divorce and separation, family property, family violence and protection for the elderly, and an examination of the family court system and current trends in family law. Course Objectives 1. To become familiar with and to develop a working knowledge of the provincial and federal laws and regulations that affect the family in Canadian society. 2. To develop an understanding of the evolving nature of family law in Canada. 3. To understand the roles of the lawyer, the court, and the professional and service agencies in resolving family disputes. 4. To give serious consideration to some of the special problems and issues which affect the Canadian family and its members in today's society.
Course Materials Statute Book "Family Law" will be sold through the Bookstore. You must bring this book to class each week and to the midterm and exam. Weekly readings from the Statute Book will be assigned and discussed in class and from cases and articles found of the course homepage http://ace.acadiau.ca/soci/DeWolfeJEan/index and on www.CanLii.com will be assigned and discussed in class. Course Requirements 1. Inclass discussion forms an important part of this course, as law is best understood by looking at decided cases and statutes and then applying them to individual fact situations. Thus, it is
essential that all students read the course materials as assigned and come to class prepared to intelligently discuss them. 2. Assignment #1 (will not be marked, voluntary) Will be passed out in class. The purpose of this assignment will be to prepare you for the Midterm. Students will have one week to work on the assignment and it will be reviewed in class. It will not have to be passed in. 3. Assignment #2 15% (Optional) You will be given a case to review and analyze and present to the class. 4. Exams: There will be a mid term and a final exam in this course. Both exams will be "open book" in that you may bring in your statute book only. You may annotate your statute book but you may not paste or tape in anything. The mid term exam format will consist of a hypothetical fact situation on which you will be asked to apply your knowledge of the Divorce Act, 1985, MatrimonialProperty Act, and Maintenance & Custody Act to answer various questions. The exams will include a mix of questions covering the factual aspects of the relevant law and the theoretical/applied aspects of the policies surrounding the law and its application. Course Evaluation Assignment #2 Mid term exam Final exam Very Important Dates 12 February 2008 26 February 2008 4 March 2008 11 March 2008 1 April 2008 Assignment #1 handed out Assignment #1 reviewed in class MID TERM EXAM (79 pm) Assignment #2 handed out Assignment #2 presentations 15% (optional) 35% 50% (65% if Assignment #2 not completed)
LECTURE SCHEDULE I Introduction of IDST 3123 January 8, 2008 1. Goals and objectives § Format § Legal research and citation 2. Overview of legal system 3. Introduction to Family Law § Constitutional jurisdiction § Family Court system § Family Law issues II Marriage and Divorce January 15, 2008 1. Marriage and Cohabitation 2. Divorce 3. Divorce/Separation procedure § Mediation/Collaborative Family Law § Negotiation and Agreements § Litigation III Custody of Children following Separation or Divorce January 22, 2008 1. Historical Perspectives 2. Examination of Statutes 3. "Best Interests of Child”/Representation of Child's Best Interests IV Maintenance/Support of Children January 29, 2008 1. 2. 3. 4. Maintenance Statutes Considerations Financial implications of Divorce and Separation Child Support Guidelines & Amendments to Divorce Act
V Maintenance of Spouses February 5, 2008 1. 2. 3. 4. Statutes Considerations Spousal Support Guidelines Enforcement
VI Property Settlement Following Separation or Divorce February 12, 2008 *Assignment #1 passed out 1. Married vs. Cohabitating 2. Matrimonial Property Act 3. Pensions 4. Debts ** Winter Break (February 19, 2008) ** VII Review of first 5 lectures February 26, 2008 Assignment #1 reviewed in class Review for Midterm VIII MIDTERM EXAM March 4, 2008 IX Criminal Justice System Overview March 11, 2008 *** Assignment #2 to be handed out. 1. Courts Process Criminal Code 2. The Youth Criminal Justice Act 3. Review MidTerm Exam
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Domestic Violence – Child Abuse/Spousal Abuse/Elder Abuse March 18, 2008 1. Criminal Code Response 2. Civil Law Protection of Children Children & Family Services Act 3. Domestic Violence Intervention Act 4. Adult Protection Act
XI Reproductive Technologies March 25, 2008 1. Reproductive Technologies XII Presentations April 1, 2008 · Assignment #2 presentations XIII Review of Lectures April 8, 2008