This module will be of interest to students who wish to study how the law regulates family life and how effective it is in doing so. The main features of this module are coverage of the formation and termination of marriage and civil partnership; how occupation and ownership of the family home is regulated and how effective these remedies are in cases of domestic violence; the law's approach to finance and property division on divorce and maintenance for children comparing this approach with the regulation of cohabitation. The module then goes on to consider legal parentage and parenthood, parental responsibility and the regulation of disputes between parents about their children. Finally, local authority provision for vulnerable children and those who are experiencing harm in their families is considered and adoption as a solution for children who cannot live with their birth families will be covered. This module aims to consider the law in context of social policy as a means to encourage desired types of family behaviour.
On successful completion of the module, students will be able to:
The course consists of one two-hour lecture every week and 16 one-hour seminars over two teaching blocks. The module handbook will contain reading lists and will identify reading and tasks for students to prepare for participation in class. Classes will consist of lectures and seminars to guide students' learning and to consolidate students' independent work.
| Definitive UNISTATS Category | Indicative Description | Hours |
|---|---|---|
| Scheduled learning and teaching | Lectures/seminars | 66 |
| Guided independent study | 234 | |
| Total (number of credits x 10) | 300 | |
Summative assessment will be by coursework, examination and in class activities.
The written coursework and in class activities will provide evidence of knowledge and understanding, legal research, analysis and critical evaluation.The examination will be unseen and will further assess the students' individual abilities to examine critically issues relating to family law. The examination will also provide evidence of the ability to produce work alone.
There will be two formative assessment opportunities over the course of the module. These will take the form of similar questions that students would expect to encounter in the coursework and exam. They will be given feedback to process before both the coursework and examination.
| Learning Outcome | Assessment Strategy |
|---|---|
| 1) identify the problems in defining family law and explain why definition may be desirable | Coursework and in class activities S Examination S Two class tests F |
| 2) recognise and state the current position of substantive family law | Coursework and in class activities S Examination S Two class tests F |
| 3) recognise and appraise the role of judicial discretion in family law | Coursework and in class activities S Examination S Two class tests F |
| 4) critically evaluate the strengths and weaknesses of family law | Coursework and in class activities S Examination S Two class tests F |
| 5) identify the nature of family law problems, apply the law to the solution of the problem and construct appropriate answers to the problems | Coursework and in class activities S Examination S Two class tests F |
| Description of Assessment | Definitive UNISTATS Categories | Percentage |
|---|---|---|
| Written exam | Written exam | 60 |
| Coursework | Coursework | 40 |
| Total (to equal 100%) | 100% | |
It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.
R.Harris-Short and A.Miles, Family Law: Text Cases and Materials, OUP
Blackstone's Statutes on Family Law
Stephen Gilmore and Lisa Glennon. Hayes and William's Family Law, OUP
Jonathan Herring, Family Law , Pearson
Rebecca Probert, Cretney's Family Law, Sweet & Maxwell
Brenda Hale, David Pearl, Elizabeth Cooke and Daniel Monk, The Family Law & Society: Cases and Materials, OUP
J.Fortin, Children's Rights and the Developing Law, Butterworths
Family Law
Child and Family Law Quarterly
Journal of Social Welfare & Family Law