Module LAW2121: LAW OF FAMILY RELATIONSHIPS

Department: Law

LAW2121: LAW OF FAMILY RELATIONSHIPS

Prerequisites

• Legal Skills (LAW 1041) and Contract Law (LAW 1071) and The Individual and the State (LAW 1081) (at the discretion of the Chairman/Chairwoman of the Board of Studies or delegate, a suitable module from another Department may be substituted for the Law pre-requisite.

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• To provide students with a sound understanding of the existing legal regulation and challenges within
• (i) family relationships between adults
• (ii) the parent-child relationship and
• (iii) the overall conceptualisation and role of family law.
• 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 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:
• Defining the ‘Family’
• Marriage and Civil Partnership Registration Formalities
• Nullity of Marriages / Civil Partnerships
• Cohabitation
• Divorce / Dissolution of Civil Partnerships
• Introduction to Ancillary Relief and Prenuptial Agreements
• 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
• The Children Act 1989 Framework
• 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 with some recognition of comparative perspectives.
• Familiarise themselves with the secondary literature and debates surrounding key family law issues

• 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.
• Appreciate how cultural, social and historical factors affect legal approaches to the problems encountered in family law regulation.
• 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.
• Develop expertise in conducting research into materials from a variety of national and comparative sources;
• Describe accurately and comprehensibly the arguments and analysis of other commentators
• Write in a clear and structured way and to put forward ideas in a scholarly manner
• Demonstrate an ability to explore complex issues creatively in writing.

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. Tutorials will also involve research led teaching, encouraging students to engage in independent research on family law issues
• Assignments (formative) are used both to develop problem-solving skills, the ability to engage in sustained evaluation of legal issues, 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.
• Students will have the opportunity to participate in on-line DUO discussion pages, which are intended to support students in their application of their skills to current family law issues. A discussion page will also be created for revision questions prior to the examinations
• Module staff will provide ongoing support and guidance as appropriate.
• Summative assessment comprises one unseen examination of two hours fifteen minutes including fifteen minutes reading time (67%) and a summative essay of 3,000 words (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.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

Michaelmas Term: 1 essay, 1,500 words.

■ 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