Module LAW2121: LAW OF FAMILY RELATIONSHIPS

Department: LAW

LAW2121: LAW OF FAMILY RELATIONSHIPS

Prerequisites

• Law of Obligations OR Public Law OR Introduction to Law (LAW1031).

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• To provide students with a sound understanding of the existing legal provisions dealing with (i) family relationships between adults and (ii) the parent-child relationship.
• It also aims to introduce the student to some of the legal, moral, social and political debates which inform the substantive content of family law.
• The course will focus on the challenges raised by the changing nature of 'family life' in modern society and will examine whether the law has responded satisfactorily to these changes.
• The existing law and current reform proposals will be considered with particular reference to the arguments raised by those who feel the current law works unfairly against certain groups in society, such as, women, cohabitees, homosexual couples and fathers.

Content

• The course is divided into two parts.
• The first half of the course deals with the legal regulation of domestic relations between adults: Marriage formalities.
• The validity of annulment of marriages including potential discrimination against transsexuals and homosexual couples.
• Legal regulation of cohabitation.
• Remedies for domestic violence.
• Regulating occupation of the family home.
• Divorce.
• The second part of the course deals with the legal regulation of parenthood and the law relating to the parent-child relationship.
• Determining parentage.
• Parental responsibility.
• Residence and contact disputes.
• Child protection.
• Adoption.

Learning Outcomes

• Students should be able to:
• Demonstrate a sound understanding of the existing law on family relationships in England.

• Students should be able to:
• Apply the existing law to given factual scenarios and advise accordingly.
• Analyse and evaluate the existing law in light of the legal, social, political and moral questions raised.
• Engage in informed debate concerning current proposals for reform.

• Students should be able to:
• Demonstrate developed research and writing skills, including the ability to work independently and for the student to take responsibility for his/her own learning.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• Lectures are used primarily to impart knowledge - and also to suggest approaches to evaluation and critical analysis;
• Tutorials will be used to develop and enhance students capacity for legal-problem solving in a particular factual situation, evaluative critical analysis and their appreciation of laws' linkage with broader fields of enquiry;
• Assignments (formative) are used both to develop problem-solving skills, the ability to engage in sustained evaluation of proposed schemes of reforms, and the ability to evaluate the law in a critical and contextual way.
• Students will be supported in the development of their research and writing skills by the provision of guidance on identifying and retrieving relevant sources and more generally on research methodology in the field of family law.
• Whilst students will be expected to work on the essay independently they will also be provided with a basic framework lecture on the chosen topic and one or two key sources to give them a 'starting point' for their own research.
• Module staff will provide ongoing support and guidance as appropriate.
• Before starting work on the summatively assessed students will receive formative feedback on their essay writing skills.
• Summative assessment comprises one unseen examination of two hours fifteen minutes including fifteen minutes reading time (67%) and an assessed essay (33%). In the examination students are given a choice of questions to answer, but the paper is structured in such a way as to assess students on the specific subject knowledge and subject specific skills. In particular, students are required to answer both problem and essay type questions: the former primarily assessing knowledge and analysis of specific factual situations raising key legal issues; the latter primarily assess knowledge, evaluative capacity and an awareness of placing the analysis of law in wider contexts of enquiry. The assessed essay will assess students ability to undertake independent, substantive research in the field of Family Law, their research and writing skills and the ability to take responsibility for their own learning.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

Michelmas term: 1 essay, 1500 words max

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University