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  2. The Family and Family Law [CRI2105]

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    The Family and Family Law

  • Unit Code

    CRI2105

  • Year

    2015

  • Enrolment Period

    1

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit explores the relationship between law and the family. It examines the laws relating to marital and de facto relationships as well as laws affecting the relationship between parent and child. It introduces students to the laws relating to divorce, child residency and domestic violence. These issues are critically considered whilst integrating pertinent psychological theory and research. This unit will also introduce students to the mediation process in family law disputes.

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse the legal framework that regulates marriage, divorce and residency.
  2. Apply psychological theory to understand traditional and modern families.
  3. Conceptualise the distinction between public and private law and the central debates on the intervention of the law in family matters.
  4. Critically discuss family law issues.
  5. Critically discuss psychological research that informs our understanding of family law matters.
  6. Critically discuss theories of justice as they apply to family law.
  7. Explain contemporary issues facing families.
  8. Take responsibility for own learning and development by reflecting on performance feedback in individual and collaborative settings.

Unit Content

  1. Alternatives to the Court process.
  2. Child residency in Australia and overseas.
  3. Child support.
  4. Children's rights the best interests principle.
  5. Definitions of the family.
  6. Diversity in families.
  7. Divorce and the law.
  8. Ethnicity and family law.
  9. Law and marriage/de facto relationships.
  10. The family and domestic violence.
  11. The public/private dichotomy in law.
  12. The rights of all parties eg) mother, father, grandparents etc.
  13. The role of the court in family law matters.

Additional Learning Experience Information

This unit is conducted in both the on-campus and off-campus modes. On-campus students attend a two hour lecture and a one hour tutorial each week. Lectures are used to introduce the central theories and concepts relevant to an understanding of the psychology of families and the critical aspects of family law. The lectures also direct students to relevant literature and discuss how literature informs an understanding of the development and practice of family law and other issues related to family law. On-campus tutorials provide students the opportunity to discuss critical aspects of the content in greater detail and in doing so, engage in active learning tasks. Assessment methods provide students the opportunity to demonstrate their content knowledge and critical thinking skills and to develop their written and oral communication skills. Off-campus students are provided with an electronic version of the internal lecture and weekly tutorials. All information is delivered to off-campus students via Blackboard. Lectures are used to introduce the central theories and concepts relevant to an understanding of the psychology of families and the critical aspects of family law. The lectures also direct students to relevant literature and discuss how literature informs an understanding of the development and practice of family law and other issues related to family law. Regular online activities are delivered via online modules and the discussion board. This provides students the opportunity to discuss critical aspects of the content in greater detail and in doing so, they engage in active learning tasks. Online tutorials using Adobe Connect Pro allow students to further develop their oral communication skills. Assessment methods provide students the opportunity to demonstrate their content knowledge and critical thinking skills and to develop their written and oral communication skills. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
WorkshopWorkbook Part 125%
AssignmentWorkbook Part 225%
AssignmentWorkbook Part 350%
ONLINE
TypeDescriptionValue
WorkshopWorkbook Part 125%
AssignmentWorkbook Part 225%
AssignmentWorkbook Part 350%

Text References

  • Duran-Aydintug, C., & Ihinger-Tallman, M. (1995). Law and stepfamilies. Marriage and Family Review, 21(3/4), 169-193. (ed.). California, USA: Mayfield Publishing Company.
  • Bray, J.H., & Hetherington, E.M. (1993). Families in transition: Introduction and overview. Journal of Family Psychology, 7(1), 3-8.
  • Beck, C.J., & Sales, B.D. (2000). A critical reappraisal of divorce mediation research and policy. Psychology, Public Policy and Law, 6I(4), 989-1056.
  • Olson, D.H., & DeFrain, J. (2000). Marriage and the Family. Diversity and strengths (3rd Ed). California, USA: Mayfield Publishing Company.
  • Aquilino, W.S. (1994). Impact of childhood family disruption on young adults? relationships with parents. Journal of Marriage and the Family, 56(2), 295-314.
  • Melton, G.B., & Wilcox, B.L. (1989). Changes in family law and family life: Challenges for Psychology. American Psychologist, 44(9), 1213-1216.
  • Edwards, R., Gillies, V., & McCarthy, J.R. (1999). Biological parents and social families: Legal discourses and everyday understanding of the position of stepparents. International Journal of Law, Policy and the Family, 13(1), 78-104.
  • Murphy, P.T. (1999). Stepfamilies as mergers: Can organisational merger research, theory and practice inform understandings of the stepfamily formation process? School of Social Work and Social Policy. The University of Western Australia, Perth, WA, 6th August 1999, Degree of Doctor of Philosophy.
  • Family Law Act (1975).

Journal References

  • Journal of Family Law
  • Journal of Family Relations
  • Journal of Divorce and Remarriage
  • Family Matters

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

CRI2105|2|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    The Family and Family Law

  • Unit Code

    CRI2105

  • Year

    2015

  • Enrolment Period

    2

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit explores the relationship between law and the family. It examines the laws relating to marital and de facto relationships as well as laws affecting the relationship between parent and child. It introduces students to the laws relating to divorce, child residency and domestic violence. These issues are critically considered whilst integrating pertinent psychological theory and research. This unit will also introduce students to the mediation process in family law disputes.

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse the legal framework that regulates marriage, divorce and residency.
  2. Apply psychological theory to understand traditional and modern families.
  3. Conceptualise the distinction between public and private law and the central debates on the intervention of the law in family matters.
  4. Critically discuss family law issues.
  5. Critically discuss psychological research that informs our understanding of family law matters.
  6. Critically discuss theories of justice as they apply to family law.
  7. Explain contemporary issues facing families.
  8. Take responsibility for own learning and development by reflecting on performance feedback in individual and collaborative settings.

Unit Content

  1. Alternatives to the Court process.
  2. Child residency in Australia and overseas.
  3. Child support.
  4. Children's rights the best interests principle.
  5. Definitions of the family.
  6. Diversity in families.
  7. Divorce and the law.
  8. Ethnicity and family law.
  9. Law and marriage/de facto relationships.
  10. The family and domestic violence.
  11. The public/private dichotomy in law.
  12. The rights of all parties eg) mother, father, grandparents etc.
  13. The role of the court in family law matters.

Additional Learning Experience Information

This unit is conducted in both the on-campus and off-campus modes. On-campus students attend a two hour lecture and a one hour tutorial each week. Lectures are used to introduce the central theories and concepts relevant to an understanding of the psychology of families and the critical aspects of family law. The lectures also direct students to relevant literature and discuss how literature informs an understanding of the development and practice of family law and other issues related to family law. On-campus tutorials provide students the opportunity to discuss critical aspects of the content in greater detail and in doing so, engage in active learning tasks. Assessment methods provide students the opportunity to demonstrate their content knowledge and critical thinking skills and to develop their written and oral communication skills. Off-campus students are provided with an electronic version of the internal lecture and weekly tutorials. All information is delivered to off-campus students via Blackboard. Lectures are used to introduce the central theories and concepts relevant to an understanding of the psychology of families and the critical aspects of family law. The lectures also direct students to relevant literature and discuss how literature informs an understanding of the development and practice of family law and other issues related to family law. Regular online activities are delivered via online modules and the discussion board. This provides students the opportunity to discuss critical aspects of the content in greater detail and in doing so, they engage in active learning tasks. Online tutorials using Adobe Connect Pro allow students to further develop their oral communication skills. Assessment methods provide students the opportunity to demonstrate their content knowledge and critical thinking skills and to develop their written and oral communication skills. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
WorkshopWorkbook Part 125%
AssignmentWorkbook Part 225%
AssignmentWorkbook Part 350%
ONLINE
TypeDescriptionValue
WorkshopWorkbook Part 125%
AssignmentWorkbook Part 225%
AssignmentWorkbook Part 350%

Text References

  • Duran-Aydintug, C., & Ihinger-Tallman, M. (1995). Law and stepfamilies. Marriage and Family Review, 21(3/4), 169-193. (ed.). California, USA: Mayfield Publishing Company.
  • Bray, J.H., & Hetherington, E.M. (1993). Families in transition: Introduction and overview. Journal of Family Psychology, 7(1), 3-8.
  • Beck, C.J., & Sales, B.D. (2000). A critical reappraisal of divorce mediation research and policy. Psychology, Public Policy and Law, 6I(4), 989-1056.
  • Olson, D.H., & DeFrain, J. (2000). Marriage and the Family. Diversity and strengths (3rd Ed). California, USA: Mayfield Publishing Company.
  • Aquilino, W.S. (1994). Impact of childhood family disruption on young adults? relationships with parents. Journal of Marriage and the Family, 56(2), 295-314.
  • Melton, G.B., & Wilcox, B.L. (1989). Changes in family law and family life: Challenges for Psychology. American Psychologist, 44(9), 1213-1216.
  • Edwards, R., Gillies, V., & McCarthy, J.R. (1999). Biological parents and social families: Legal discourses and everyday understanding of the position of stepparents. International Journal of Law, Policy and the Family, 13(1), 78-104.
  • Murphy, P.T. (1999). Stepfamilies as mergers: Can organisational merger research, theory and practice inform understandings of the stepfamily formation process? School of Social Work and Social Policy. The University of Western Australia, Perth, WA, 6th August 1999, Degree of Doctor of Philosophy.
  • Family Law Act (1975).

Journal References

  • Journal of Family Law
  • Journal of Family Relations
  • Journal of Divorce and Remarriage
  • Family Matters

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

CRI2105|2|2