DOMESTIC RELATIONS Spring 2000 Course Syllabus
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1 DOMESTIC RELATIONS Spring 2000 Course Syllabus Sandra L. Havrilak, Adjunct Professor Address: Main Street, Penthouse 10 Fairfax, Virginia Telephone: (703) Facsimile: (703) Text: Evaluation: Availability: Swisher, Diehl & Cottrell, Virginia Family Law: Theory and Practice (2d ed. 1998). Other cases and articles will be assigned throughout the semester, all of which are available on Westlaw and/or Lexis. Your final grade in this course will be based on a final, open book examination (90%) and two (2) short writing assignments (10%). Class participation is encouraged, and may be taken into consideration when determining your final grade. (Quality is important, not quantity.) I am available for consultation after class, and by appointment. I. INTRODUCTION (Marriage) January 11 January 13 Marriage and Marriage Agreements Readings: Chapters 1 and 3 Heflinger v. Heflinger, 136 Va. App. 289 (1923) Kleinfield v. Veruki, 7 Va. App. 183 (1988) Metropolitan Life Insurance Co. v. Holding, 293 F Supp. 854 (E.D.Va. 1968) Kelderhaus v. Kelderhaus, 21 Va. App. 721 (1996) 1950 Code of Virginia, as amended: through Impediments to and Annulment of Marriage Readings: Chapter 2 George v. King, 208 Va. 136 (1967) Khanna v. Khanna, 18 Va. App. 356 (1994) 1950 Code of Virginia, as amended: et. seq., and 20-97
2 II. DIVORCE January 18 January 20 Jurisdictional Requirements Readings: Chapter 6 Decker v. Decker, 12 Va. App. 536 (1991) Toomey v. Toomey, 19 Va. App. 756 (1995) Romine v. Romine, 22 Va. App. 760 (1996) 1950 Code of Virginia, as amended: 20-97, 20-99, through Family Law Practicalities Guest Speaker: Beth Bittel, Attorney at Law Readings: Family Law Practicalities Readings: Pruett & Jackson, The Lawyer s Role During the Divorce Process. 33 Fam. L. Q. 283 (1999). Isaacs, Divorce Coaching, Client Counseling, and Mediation as Liability Avoidance Tools. 608 PLI/Lit 707 (June 1999). Chapter 8, 8-6 through 8-7 Assignment #1: Draft a Bill of Complaint for Divorce alleging grounds of abandonment, desertion and adultery. January 25 January 27 Grounds for Divorce Readings: Chapter 7 Chapter Code of Virginia, 20-91, 20-95, Crenshaw v. Crenshaw, 12 Va. App (1991) Hooker v. Hooker, 215 Va. 415 (1975) Beers v. Beers, 198 Va. 682 (1957) Lawyer v. Lawyer, 207 Va. 260 (1966) Equitable Distribution Readings: Chapter 11, 11-1 through Aster v. Gross, 7 Va. App. 371 (1988) Bosserman v. Bosserman, 9 Va. App. 1 (1998) Booth v. Booth, 7 Va. App. 22 (1988) Frazer v. Frazer, 23 Va. App. 358 (1996) Luczkovich v. Luczkovich, 26 Va. App. 702 (1998) 1950 Code of Virginia, as amended,
3 February 1 February 3 February 8 Equitable Distribution (continued) Readings: Chapter 11, through Code of Virginia, as amended: Theisman v. Theisman, 23 Va. App. 697 (1996) Hart v. Hart, 27 Va. App. 46 (1998) Dietz v. Dietz, 17 Va. App. 203 (1993) Decker v. Decker, 17 Va. App. 12 (1993) Cook v. Cook, 18 Va. App. 726 (1994) Assignment #1 Due. Equitable Distribution (continued) Readings: Chapter 11, through Code of Virginia, as amended: Whitaker v. Colbert, 18 Va. App. 202 (1994) Morris v. Morris, 3 Va. App. 303 (1986) Reid v. Reid, 7 Va. App. 553 (1989) Himes v. Himes, 12 Va. App. 966 (1991) Nicholson v. Nicholson, 21 Va. App. 231 (1995) Richardson v. Richardson, 10 Va. App. 391 (1990) Equitable Distribution (continued) Readings: Chapter through Code of Virginia, as amended: Taylor v. Taylor, 5 Va. App. 436 (1988) Pommerenke v. Pommerenke, 7 Va. App. 241 (1988) O Loughlin v. O Loughlin, 20 Va. App. 522 (1995) Barker v. Barker, 27 Va. App. 519 (1998) Booth v. Booth, 7 Va. App. 22 (1988) III. CHILD CUSTODY AND VISITATION February 10 Best Interest Standard Readings: Chapter 15, 15-1 through 15-3 and Code of Virginia, as amended: ; et seq.; 31-1; Keel v. Keel, 225 Va. 606 (1983) Vissicchio v. Vissicchio, 27 Va. App. 240 (1998) Brown v. Brown, 218 Va. 196 (1977) Brinkley v. Brinkley, 1 Va. App. 222 (1985) Roe v. Roe, 228 Va. 722 (1985) Bottoms v. Bottoms, 18 Va. App. 481 (1994); 249 Va. 410 (1976)
4 February 15 February 17 Visitation Readings: Chapter 15, 15-8 through Code of Virginia, as amended: ; et seq.; M.E.D. v. J.P.M., 3 Va. App. 391 (1986) Eichelberger v. Eichelberger, 2 Va. App. 409 (1986) Peble v. Peble, 5 Va. App. 156 (1988) Carpenter v. Carpenter, 220 Va. 299 (1979) Scinaldi V. Scinaldi, 2 Va. App. 571 (1986) Guest Speaker The Honorable Michael J. Valentine Fairfax County Juvenile and Domestic Relations District Court Readings: 1950 Code of Virginia, as amended: ; ; ; ; Roberts v. Comm, 18 Va. App. 554, 445 S.E.2d. 709 (1994) Grogg v. Comm, 6 Va. App. 598, S.E.2d. 549 In Re Gault, 387 U.S. 1 (1967) February 22 Assignment #2: Abuse and Neglect Guest Speaker Readings: Draft a petition for custody on behalf of natural Father against paternal grandparents. Paternal Grandparents have custody by court order for 3 years. The Honorable Kathleen H. Mackay 1950 Code of Virginia, as amended: ; ; ; ; et seq.; et seq. Ferris v. Underwood, 3 Va. App. 25 (1986) Edwards v. County of Arlington, 5 Va. App. 294 (1987) S.G. v. Prince William County, 25 Va. App. 356 (1997) Wright v. Arlington County, 9 Va. App. 411 (1990)
5 February 24 February 29 Parental Rights and Foster Care 1950 Code of Virginia, as amended: ; Stanley v. Fairfax County, 10 Va. App. 596 (1990) Martin v. Pittsylvania, 3 Va. App. 15 (1986) Barkey v. Commonwealth and Alexandria DHS, 2 Va. App. 662 (1986) Wright v. Alexandria D.S.S., 16 Va. App. 821 (1993) Sauer v. Franklin County D.S.S., 18 Va. App. 769 (1994) Third Party Custody and Visitation Readings Bottoms v. Bottoms, 18 Va. App. 481 (1994); 249 Va. 410 (1996) Williams v. Williams, 256 Va. 19 (1998) Dotson v. Hylton, 29 Va. App. 635 (1999) IV. Support (Child and Spousal) March 2 March 7 Spousal Support Readings: Chapter 9, 9-1 through Code of Virginia, as amended: (L)(P); ; Dukelow v. Dukelow, 2 Va. App. 21 (1986) Jacobs v. Jacobs, 219 Va. 993 (1979) Srinivasan v. Srinivasan, 10 Va. App. 728 (1990) Goetz v. Goetz, 7 Va. App. 50 (1988) Antonelli v. Antonelli, 11 Va. App. 89 (1990) Hollowell v. Hollowell, 6 Va. App. 417 (1988) Rahbaran v. Rahbaran, 26 Va. App. 195 (1997) Child Support Readings: Chapter 10, 10-1 through Code of Virginia, as amended: ; ; et seq., (A)(3) ; et seq. Commonwealth ex rel. Gray v. Johnson, 7 Va. App. 614 (1989) Conway v. Conway, 10 Va. App. 653 (1990) Farley v. Liskey, 12 Va. App 1 (1991) Auman v. Auman, 21 Va. App. 275 (1995) Edwards v. Lowery, 232 Va. 110 (1986) Ewing v. Ewing, 21 Va. App. 34 (1995)
6 March 9: Modification and Enforcement of Child Support Awards Readings: Chapter 9, 9-15 through 9-22 Chapter 10, through Code of Virginia, as amended: ; ; et seq. Decker v. Decker, 17 Va. App. 562 (1994) McGuire v. McGuire, 10 Va. App. 248 (1990) Goodpasture v. Goodpasture, 7 Va. App. 55 (1988) Yohay v. Ryan, 4 Va. App. 559 (1987) Assignment #2 due. March 14 March 16 March 21 Spring Break Spring Break Uniform Interstate Family Support Act Guest Speaker: Nancy Crawford, Attorney at Law Counsel for the Division of Child Support Enforcement Readings: Chapter and Chapter 10, through Code of Virginia, as amended: through March 23 Guest Speakers The Honorable David T. Stitt The Honorable Kathleen H. Mackay Litigating A Family Law Case: Do s and Don ts March 28 Paternity and Legitimacy Readings: Chapter Code of Virginia, as amended: et seq.; Gibson v. Gibson, 207 Va. 812 (1967) D.S.S. v. Flanary, 22 Va. App. 293 (1996)
7 March 30 Adoption Readings: Chapter Code of Virginia, as amended: ; ; ; ; ; ; et seq.; ; (K); et seq.; ; Doulgeris v. Bambacus, 203 Va. 670 (1962) Willis v. Gamez, 20 Va. 75 (1995) Shank v. D.S.S., 217 Va. 506 (1976) Turner v. Jackson, 14 Va. App. 423 (1992) Newton v. Wilson, 199 Va. 864 (1958) Newton v. Wilson, 201 Va. 1 (1959) Watson v. Shepard, 217 Va. 538 (1976) April 4 Guest Speaker The Honorable Leslie J. Alden April 6 Guest Speaker The Honorable Leslie J. Alden V. MISCELLANEOUS April 13 Unique Family Law Issues Readings: Chapter 5 April 18 April 20 May 10 Uniform Child Custody Jurisdiction Act Federal Parental Kidnapping Prevention Act Readings: Chapter 15, 15-4 through Code of Virginia, as amended: through ; 28 U.S.C Middleton v. Middleton, 227 Va. 82 (1984) Lutes v. Alexander, 14 Va. App (1992) Course Review Final Exam
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