MASSACHUSETTS SCHOOL OF LAW at ANDOVER
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SYLLABUS for FAMILY LAW
FALL 2014
AttorneyJeanne E. Condurelli
Condurelli @ MSLaw ● EDU

The strength of a nation derives from the integrity of family. – Confucius

Course Materials Required:

Family Law- Cases and Materials – Areen & Regan- 6'th Edition 2012

Massachusetts Cases and Materials – See Additional Cases List*

I. Marriage

Marriage is that relation ... in which the independence is equal, the dependence is mutual and the obligation reciprocal. - Louis K. Anspacher

Week 1

  • August 18th – What is a family? What is family law? Why marry?
    pp. 1 – 17 and 49-59; the right to marry and challenges thereto,pp. 60-87; In RE: May’s Estate, (Cited on Additional Cases List); Moe v. Dinkins, 669 F.2d 67, (1982);Cases: Loving at p. 133; Zablocki at p. 139; and Turner at p. 148; MGL ch. 207, sec. 1, 2 and 3.

Week 2

  • August 25th- Substantive and procedural requirements of a valid marriage and impediments thereto, M.G.L. ch. 207, secs. 1-11; M.G.L. ch. 207, sec. 25;sexual preference and restrictions on marriagepp. 87-99;Opinion of the Justices (Goodridge), U.S. v. Windsor (Additional cases list) and 122-125; Article by Pamela S. Karlan, p. 160-162;Other restrictions on marriage 130-132 and 162-173; remedies for aninvalid marriage,M.G.L. ch. 207, sec. 14.

Week 3

  • September 8th–Putative marriage or other “marriage” saving constructions M.G.L. ch. 207, sec. 6 and Chandler(Additional cases list); Formal vs. informal marriage pp. 173-178; Rights and duties of married vs. unmarried cohabitants doctrine of family privacy and limits on private ordering ofmarital obligations pp. 179-188 and Marvin at p. 500; Doctrine of necessaries pp. 248 -253;Violation of marital covenants/ separation pp310-324 and M.G.L. ch. 209. sec. 32

Week 4

  • September 15th Pre and Postnuptial Agreements, validity and enforceability, pp. 1223-1249; Osborne, Austin,DeMatteo(Additional cases list) and Ansin at 1264

II. Divorce

Happy families are all alike; every unhappy family is unhappy in its own way.
- Leo Tolstoy (Opening line of Anna Karenina)

Week 5

  • September 22nd – Divorce grounds, defenses and no-fault divorce; pp.695-734; M.G.L. ch. 208, sec. 1;No-fault divorce and contractual divorce; M.G.L. ch. 208 sec.1A & 1B; pp.762-767.

Week 6

  • September 29th -Access to divorce and jurisdiction, p. 750-754; domicile & venue;M.G.L. ch. 208, secs. 4-6; Finck,(Additional Cases list), Ankenbrandtp. 1184; Doctrine of Comity, Doctrine of Estoppel and Jurisdiction over the Defendant, Read:Yoder,Clagett, Burnham, Baggett (Additional Cases List).

Week 7

  • October 6th–Midterm (Tentative)
  • Discussion: Role of counsel and attorney conduct in family law cases; practicalconsiderations in representing the client; Read Dineen Berg (Additional Cases List)

Week 8

October 20th- Financial consequences of divorce; Approaches to property division and alimony; Defining marital assets and Determining what is equitable pp. 1020-1070; M.G.L. ch. 208, Sec. 34; Alimony pp. 1070-1083 and M.G.L. ch. 208, sec 48-55, Ref. (Ref. Michael, Rosenberg, & Rose, Additional Cases List) Green v. Green,

Week 9

  • October 27th – The obligation to pay child support; pp. 1115-1177; SeeMass. Child Support Guidelines, Separation agreements and modification of divorce; pp. 1249-1264; pp.1083-1088; M.G.L. ch. 208, Sec. 28, pp.; Maillet (AdditionalCases List) Enforcing the divorce judgment and orders to pay childsupport 1153-1177; Uniform Interstate Family Support Act; M.G.L. ch. 209D; pp. 1212-1222.

III. Child Custody

Having children makes you no more than a parent than having a piano makes you a pianist.- Michael Levine

Week 10

  • November 3rd – Rights of the unwed father to custody; Paternity actions; SeeM.G.L. Ch. 209C; pp. 376-384 (including Michael H. v. Gerald D. @p. 151

Week 11

  • November 10th- Determining the best interests of the child, pp.857- 880 and pp. 884 -904; Forms of custody M.G.L. ch. 208, secs. 31 & 31A;Custody of Zia (Additional Cases List); Best interests, visitation pp. 966-971; the de facto parent Massachusetts casesYoumans, E.N.O., A.H. v. M.P. (Additional Cases List); the impact of domestic violence on custody decisions,Vaughn, (Additional Cases List)

Week 12

  • November 17th - Standards for modifying custody and enforcement of child custody decrees, pp. 948-955; Standards for removing a child from his home state and interstate or international custody disputes; Uniform Child Custody Jurisdiction Act (M.G.L. ch. 209B) and pp. 1190-1207; Rosenthal & Yannas (Additional Cases List) and pp. 955-966.

Week 13

  • November24th–Abuse in the home and state intervention in custody matters; M.G.L. Ch. 209A M.G.L. ch. 209A – Violence between spouses and state intervention in family life; pp. 310-357; Read Gordon(Additional Cases List);Abuse and neglect; M.G.L. ch. 119, secs. 51A & 51B, M.G.L. ch. 119, secs. 24 & 26; pp. 369-376; Chronister(Additional Cases List).

Week 14

  • December1st - Adoption – private vs. agency sponsored; Qualifications of an adoptive parent; Meeting the needs of the child; M.G.L. ch. 210, sec. 1 et. seq.; pp. 390—423 and pp. 438-446;Qualifications and Consent to adoption; the Indian ChildWelfare Act, pp 448-453; Matter of Sarah K., (Additional Cases List and pp. 476-482;Custody and parental rights and obligations in cases involvingreproductive technology pp.572-595 and 603-634; pp. 646-648; CullitonWoodward, (Additional Cases List.)

Note: This syllabus may be updated as time and events require.

Final Exam: To be scheduled during Exam Week. All students in both the family law in person and family law on line sections are expected to arrange their affairs so as to enable them to be in class on the date and time of the final exam.

Other Requirements:Each student will be required to participate in the Lawyer for the Day Rounds at the Lawrence Probate & Family Court. Dates and times for Rounds will be coordinated and scheduled monthly. Available dates will be offered via email or posted on the family law website.

All students are required to check email regularly each week for class updates and information.