TE PIRINGA FACULTY OF LAW
Family Law 2014 Outline
1.
Identification of Paper
Paper: LAWS408-14B
This paper carries 20 points
2.
Staffing
Christine Pidduck
021 822 999
email:cpidduck@waikato.ac.nz
Availability: by appointment
Steve Macbeth
Phone 027 2295160
Room
Email: s.macbeth@xtra.co.nz
Availability by appointment -on the days delivering lectures,
Mondays 2.00 to 5.00 and Thursdays 12pm to 3pm and otherwise
Wednesday 9.30 to 12.00.
3.
Description and Structure of Paper
A focus on the law, court procedure and social policies involved in formation and breakdown of
family relationships, including guardianship and parenting order issues, child support, domestic
violence, relationship property, the Hague Convention on Aspects of Child Abduction and the
Children Young Persons and their Families Act.
(b) Structure of the Paper
This is a B semester paper. The teaching is done in two two-hour lecture periods per week. The
whole class must attend these lectures. Attendance at lectures is essential for success in the
research essay and the final examination.
The lecture hours are
Mondays
Thursdays
5.00-7.00
10.00-12.00
L.G.02
L.G.04
4.
Learning outcomes
A student who has completed the course successfully will be able to describe the applicable
family court procedures and policy and within a factual context apply the relevant statutory and
case law persuasively. The student will also demonstrate an ability to research a family law topic
and to then analyse the legal, policy, and social issues that arise.
5.
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Workload
Students should expect to spend 200 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST and
Henaghan, Atkin, Clarkson & Caldwell (Butterworths) Family Law in New Zealand 16th edition,
LexisNexis (2013). This is available from Bennetts, at an approximate price of $130.00 incl GST.
In addition to the texts identified above, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
The contents of the course materials book(s) will be required reading. As well, students will be
expected to have any relevant family law statutes dealt with in the course (e.g. the Care of
Children Act, the Property (Relationships) Act, Domestic Violence Act, Children Young Person and
their Families Act).
The following recommended books are on Desk Reserve in the Law Library:
The New Zealand Family Law Journal
Bill Atkin and Mark Henaghan (eds) Family Law Policy in NZ 4th ed. Lexis Nexis 2013.
There are several web-sites which also contain relevant readings for this course:
NZ Ministry of Justice
www.justice.govt.nz
NZ Family Court
www.justice.govt.nz/family/home.asp
NZ Law Commission
www.lawcom.govt.nz
Child, Youth and Family
www.cyf.govt.nz
Minnesota Center Against
Violence and Abuse
www.mincava.umn.edu
National Council of Juvenile
and Family Court Judges
www.ncjfcj.org
The New Zealand Family Law Reports are found on the lexis nexis database.
The Family Reports of NZ are found on the Westlaw NZ database along with a large number of
unreported Family Court cases (listed by month and year).
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
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Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.51 which is
available from http://www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism.
Also refer to paragraph 12 in this document.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio: 50:50
c)
Assessment Components
Students will be assessed in three ways:
1. A research proposal due on Friday the 22 August by 11.59pm.
2. An essay due on Monday the 6th of October by 11.59pm
3. A formal 3 hour open book examination at the end of the semester. There are no
restrictions on the materials that you can bring into the examination with you.
The Research Proposal (10%) will be 1,000 words length (excluding footnotes and bibliography).It
is due 22 August 2014 and is worth 10% of the final course mark. Students should have a word
count on the title page of their proposal.
The Research Essay (40%) will be 4,000 words in length (excluding footnotes and bibliography).
It is due on Monday the 6th of October and is worth 40% of the final course mark. Students
should have a word count on the title page of their essay.
Students may write on any topic related to the lecture subjects or any other family law topic so
long as they have their topic approved by a course convenor.
The preparation of a research essay will contribute to the development of legal research skills in
the family law area. It will allow students to concentrate on a current issue in family law and
discuss the statutes, academic literature and important case law relevant to that issue. Students
will be required to analyse the policy assumptions underpinning their topic area and discuss any
proposals for law reform.
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The Final Examination (50%) will test students’ knowledge of the subject matter of the course. It
will test skills involving essay writing and case and fact situation analyses.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
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will be taken of the time in which the student has had to complete the internal assessment before
the interrvening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2014, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal test or exams.
v) If you wish to submit your Internal Assessment in Mãori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
Vi )If you wish to apply to write your official exams in Mãori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
9.
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University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
11.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2014
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
12.
Health and safety
The Law School’s Health and Safety representative is to be advised, but if there is a problem,
please report the incident to the Law Reception - Room Law G.44 or call ext 4167.
13.
Class representation
See p.43 Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: student.reps@waikato.ac.nz.
14.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture Schedule B semester (some variation in the order and topics possible)
Week Commencing
Programme of lecture topics
14 July Class 1 Steve
25 August
Overview of family law and the paper. Settlements outside of
Family Court, Family Court reform and FDR.
Family Court procedure and Care of Children Act overview COCA
principles, lawyer for child, child’s views, UNCROC
Guardianship
Relocation
Parental disputes concerning care and contact
Continuation including violence in COCA cases
Court Reports, Psychologists reports and parental alienation
Evidence, child development and recap
Domestic Violence Act – overview
Domestic Violence – protection and property orders and breaches
Relationship property – overview of Property (Relationships) Act
Relationship property – qualifying relationships, classification and
division of relationship property
Teaching Recess
1 September
Teaching Recess
8 Sept Class 13 Christine
15 Sept Class 15 Christine
18 Sept – Kingitanga Day
22 Sept Class 16 Christine
25 Sept Class 17 Christine
29 Sept Class 18 Christine
2 October Class 19 Christine
6 October Class 20 Steve
9 October Class 21 Steve
13 October Class 23 Steve
16 October Class 24 Steve
20 October
Relationship property – s18A PRA and relationships of short
duration
Relationship property – enhance earnings, economic disparity and
spousal maintenance
Relationship property – s21 agreements
No Lecture
Relationship property – death and trusts
Child Support – overview
Child Support – departure orders
Guest Lecture – Family Court Judge
Hague Convention
Hague Convention Intro to CYFS
CYFS legislation principles FGC
CYFS litigation guardianship
Study Week
27 October
Examinations 27 October Labour Day
3 November
Examinations
17 July Class 2 Steve
21 July Class 3 Steve
24 July Class 4 Steve
28 July Class 5 Steve
31 July Class 6 Steve
4 August Class 7 Steve
7 August Class 8 Steve
11 August Class 9 Christine
14 August Class 10 Christine
18 August Class 11 Christine
21 August Class 12 Christine
11 Sept Class 14 Christine
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