Family Law
| Module title | Family Law |
|---|---|
| Module code | LAW3020 |
| Academic year | 2020/1 |
| Credits | 30 |
| Module staff | Dr Leanne Smith () |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 70 |
|---|
Module description
Family law is an exciting and topical module which explores how the law and family justice system operate to regulate both adult relationships and relationships between parents and children.
By analysing the legal and policy framework for family law in the context of the changing ways that people partner and parent, you will engage in an assessment of the effectiveness of the current family justice system and consider and debate proposals for reform of the law and the relevance of international regulation to aspects of law in this field. You will also explore relevant socio- legal research in this area and consider its importance to the development of family law in the 21st century. Within the module, you will consider the role of family law and the legal definition of family in the 21st century. You will consider the formation, termination and legal consequences of the adult relationships of marriage, civil partnership/gay marriage and cohabitation as well as the legal regulation of relationships between parents and children. Topical issues include the adequacy of remedies for domestic violence; the use of pre-nuptial agreements; the introduction of gay marriage; parentage and artificial reproduction and how to achieve fairness in asset distribution on relationship breakdown. You will explore recent radical changes in the Family Justice system, including withdrawal of legal aid from private family law court disputes, shifts towards alternative methods of dispute resolution, such as mediation and collaborative law and consider the greater proposed use of post-separation shared parenting and its impact on children. You will also explore issues around who the law regards as a parent and how the state intervenes in family life and attempts to protect children in dangerous families.
Legal Foundations LAW1036 is a Pre-Requisite for this module. Subject to this, students from other Units may take the module.
Module aims - intentions of the module
This module aims to provide both research-enriched learning and teaching by academics actively engaged in research which has been used by family law policy makers and links to family law practice, where members of the teaching team practise as and/or engage regularly with family practitioners. Where possible the module includes judges as visiting speakers and judge shadowing opportunities.
It aims to enable students to analyse critically the legal and policy framework for family law and to engage in an assessment of the effectiveness of the current family justice system.
It aims to facilitate debate on proposals for reform of the law regarding the regulation of partnering and parenting at a time when the traditional family is in decline and out of court resolution of family law disputes is being invested in by government.
It aims to encourage students to explore socio-legal research in this area, undertaken by family law specialist academics at Exeter and elsewhere.
It aims to help students develop their oral and negotiation skills and to expose them to mediation and other styles of conflict resolution procedures.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. describe and critically evaluate the legal framework and central principles governing adult couple/domestic relationships and parent/child relationships within English family law
- 2. demonstrate awareness and understanding of current developments in law, policy, feminist critiques and human rights involved in family regulation within national and international legal frameworks and the impact of socio-legal research in this area.
- 3. demonstrate understanding of how family law and the family justice system operate both for adult family relationships and parent/child relationships.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. demonstrate knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the ability to explain the relationships among them
- 5. demonstrate ability to apply legal knowledge to a problem/ case study and to discuss it
- 6. demonstrate ability to identify key elements of legal problems, identify their relative significance and select appropriate methods for investigating and evaluating them
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 7. effectively use appropriate communication skills in assessments and teaching sessions.
- 8. confidently tackle legal problems by means of a practical problem solving approach in role-play situations, demonstrating effective debating and negotiating skills.
- 9. demonstrate good research skills.
Syllabus plan
It is envisaged that the syllabus will include the following topics in the following order although precise content and order may vary.
Term 1
Mediation in Family Law disputes
Legal Parentage
Parental Responsibility
Court Resolution of Private Disputes over Children
Public law: Child Protection (assessment and voluntary provisions)
Public law: Child Protection (compulsory orders and emergency provisions)
Term 2
Role of Family Law and the Family Justice System
Family definition and Family Law Marriage and Civil Partnership (CP) Cohabitation Law
Divorce/CP Dissolution and Nullity
Divorce/CP Dissolution and Financial Provision/Property Adjustment Cohabitation and Property issues
Domestic Violence
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 55 | 245 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching | 46 | 23 x 2 hour Lectures |
| Scheduled Learning and Teaching | 9 | 6 x 1.5 hour Workshops |
| Guided Independent study | 120 | Individual reading and lecture preparation |
| Guided Independent study | 35 | Workshop preparation |
| Guided Independent study | 80 | Assessment preparation |
| Guided Independent study | 10 | Formative assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| One essay/assignment plan | 1,000 words maximum | 1-7, 9 | Written feedback + verbal feedback on request |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 50 | 50 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Examination | 50 | 2 hours 15 minutes | 1-7, 9 | Written feedback + verbal feedback on request |
| Essay / written assignment | 50 | 3,000 words | 1-7, 9 | Written feedback + verbal feedback on request |
| 0 |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Examination | Examination (2 hours 15 minutes) | 1-7, 9 | August/September reassessment period |
| Essay / written assignment | Essay / written assignment (3,000 words) | 1-7, 9 | August/September reassessment period |
Re-assessment notes
If both the examination and the essay were failed, the student will retake a 3 hour exam which will be capped at the pass mark of 40%.
Indicative learning resources - Basic reading
J. Herring, Family Law (Longman, London: 2013)
K. Standley and P. Davies, Family Law (Palgrave Macmillan, Basingstoke: 2013)
M. Oldham, Blackstone’s Statutes on Family Law2014-15 (OUP, Oxford: 2014)
A. Diduck and F. Kaganas, Family Law, Gender & the State: Commentary, Cases and Materials, (Hart, Oxford: 2012)
S. Harris-Short, and J. Miles, Family Law - Text Cases and Materials (Oxford: Oxford, 2011)
B. Hale, et al, Family Law and Society (Oxford: Oxford, 2008)
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| NQF level (module) | 5 |
| Available as distance learning? | No |
| Origin date | 01/08/2004 |
| Last revision date | 10/08/2020 |
