A combination of lectures, guided practices, assignments, case studies and research assignments will be used. Active learning is an integral part of this course, and emphasis will be placed on a “hands-on” environment to allow students to work both independently and collaboratively to learn and apply procedures and tasks carried on in a legal office. Both learning activities and evaluations will be structured to stress problem solving, accuracy, and working within time constraints.
- Historical Overview: historical developments in family law
- Overview: why the family law client is unique
- Opening the family law file: sample lawyer’s initial interview notes
- The Divorce Act: grounds for divorce, bars to divorce, forms of divorce (undefended, joint, defended), jurisdiction
- The Family Law Act: relief available, importance of provisions concerning division of family property, jurisdiction
- Application of the Supreme Court Family Rules
- Financial disclosure: Forms F8 and F9
- Child support: preparation of the Child Support Affidavit and application of the Child Support Guidelines
- Simple calculations of child support amounts
- Preparation of the Notice of Joint Family Claim in support of a joint divorce
- Preparation of the Notice of Family Claim and related documents in support of an undefended divorce
- Preparation of the Response to Family Claim and related documents in support of a defended divorce
- The divorce order: preparation, approval by counsel
The learner has reliably demonstrated the ability to:
- Read and understand the relevant statutory materials, the Supreme Court Family Rules, the Divorce Act, and the Family Law Act;
- Identify the distinct applications of the Divorce Act and the Family Law Act;
- Recognize the primary relief available under the Divorce Act and the Family Relations Act;
- Identify the rules on financial disclosure;
- Calculate basic child support under the Federal Child Support Guidelines;
- Accurately prepare the course documents required in a joint divorce proceeding;
- Accurately prepare the court documents required in an uncontested divorce proceeding;
- Accurately prepare the court documents required to defend a contested divorce proceeding;
- Transcribe accurately family law correspondence and documents, including marriage and separation agreements, using appropriate and relevant legal terminology;
- Observe ethical standards with respect to client confidentiality in the completion of all work; and
- keyboard with speed and accuracy from five-minute timed writings; and
- demonstrate the ability to meet deadlines in a manner required to meet legal industry standards.
|Assignments||5% - 10%|
|Simulations||30% - 40%|
|Midterm and/or Test(s)||25% - 30%|
|Final Exam||20% - 25%|
Average of best three 5-minute timings
A maximum of two evaluations worth up to 20% may be assigned and due in the last 14 days of class. Some class time is provided to work on any evaluation due in the last 14 days of class
THERE ARE NO ORAL PRESENTATIONS IN THIS COURSE.
Textbooks and Materials to be Purchased by Students:
Family Law Manual, Latest Ed., Douglas College or other family law textbook as approved by the department.
A department approved keyboarding timed writing textbook (used in OADM 1303).
Course packs as determined by the instructor.