Family LAW Syllabus 2018-2019 PDF

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Dr Andy Hayward Law of Family Relationships: Syllabus 2018-2019

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Law of Family Relationships Syllabus WELCOME TO FAMILY LAW Family law is a dynamic area of legal regulation that touches upon every aspect of human association. Whilst a body of rules and principles requiring certainty, family law is wrapped around a concept, the family, that is constantly changing and difficult to define. The concept of family, unlike other legal constructions like a trust or a tort, transcends traditional legal taxonomy and is deeply influenced by rapidly changing societal attitudes. This vitality makes family law a popular and fascinating area of study. This course will focus on the rules and principles of family law applied in England and Wales, with some references to comparative family law. When defined more precisely, this course centres on what can be regarded the law of ‘family relationships’. Conceptualising and appreciating the complexities of the relationships between adults or between a parent and child is therefore of fundamental importance. This body of rules and principles is engaged at the relationship’s inception, operates throughout its duration and, where the relationship founders, often governs its breakdown. This course will explore this significant timeline with a view to allowing students to develop an understanding of the core perspectives, themes and debates happening within modern family law.

STAFF INFORMATION Dr Andy Hayward will be the module convenor for family law. Dr Hayward will be assisted on the course by Anna Jobe and Andrew Mohamdee who will both take tutorials. This syllabus hopefully will provide any answers required, however further inquiries about the course content or administration should be directed to the module leader. Dr Hayward can be contacted using the following means: 

Email: [email protected]

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Telephone: 0191 44 42808 (office)



Office: PCL126, Palatine Centre (First Floor)

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Staff-Student Drop-In/Office Hours: Tuesdays 11pm-1pm

Dr Andy Hayward Law of Family Relationships: Syllabus 2018-2019

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Dr Hayward is also on Twitter - @DrAndyHayward - and tweets about family law developments. However, for questions concerning the course, please email him or use office hours.

LEARNING OUTCOMES The overall learning outcome of the course is to enable students to appreciate and comprehend how the central concerns of family law, in regulating certain forms of relationship, are translated into statute and case law. By the end of the course students should be able to demonstrate the following: Subject Specific Knowledge: 

Demonstrate a sound understanding of the existing law on family relationships in England and Wales, with some recognition of comparative perspectives.



Familiarise themselves with the secondary literature and debates surrounding key family law issues.

Subject Specific Skills: 

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.

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Engage in informed debate concerning current proposals for reform.

Key Skills: 

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.

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Describe accurately and comprehensibly the arguments and analysis of other commentators.

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Write in a clear and structured way and to put forward ideas in a scholarly manner.

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Demonstrate an ability to explore complex issues creatively in writing.

Dr Andy Hayward Law of Family Relationships: Syllabus 2018-2019

COURSE CONTENT Michaelmas Term: Adult Relationships Introduction & Foundational Concepts of Family Law (i)

What is Family Law?

(ii)

The Functions of Family Law in Modern Society

(iii)

Conceptualising the ‘Family’

Marriage & Civil Partnerships: Formalities and the Nullity Grounds (i)

The Ecclesiastical Concept of Marriage

(ii)

Understanding the Historical Omnipotence of Marriage

(iii)

The Modern Creation of the Civil Partnership and Same Sex Marriage

(iv)

Legal Formalities: Preliminaries / Ceremony / Registration

(v)

Non-Marriage and Presumed Marriage

(vi)

Nullity: Void and Voidable Marriages and Civil Partnerships

Divorce & Dissolution of Civil Partnerships (i)

Historical Development of Divorce Law

(ii)

Concepts of Divorce Law: Matrimonial Offence to No-Fault Divorce

(iii)

The Modern Law of Divorce

(iv)

Petitioning for Divorce and the Concept of Irretrievable Breakdown

(v)

Civil Partnership Dissolution and Same-Sex Divorce

Financial Remedy Orders and Prenuptial Agreements (i)

The Concept of Separate Property

(ii)

Dealing with Assets on Divorce or Dissolution

(iii)

The Structured Judicial Discretion and the Court Orders Available

(iv)

Historical Perspectives of Private Ordering between Spouses

(v)

Reform Proposals Epiphany Term: Informal Adult Relationships

Cohabitation (i)

Historical Perspectives on Cohabitation

(ii)

Legal Protections Available to Cohabitants

(iii)

Why Legislating for Cohabitants is Difficult

(iv)

Law Reform Proposals

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Dr Andy Hayward Law of Family Relationships: Syllabus 2018-2019

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Epiphany Term: The Law Governing Children The Modern Law Governing Children – The Children Act 1989 (i)

The Concept of the Child in Law

(ii)

The Background to the Children Act 1989

(iii)

Introducing Parentage, Parenthood and Parental Responsibility

(iv)

Outline of the Structure of the Children Act 1989

(v)

Introducing the Welfare Principle

The Children Act 1989 Private Orders: Child Arrangement Orders (i)

Defining Child Arrangement Orders

(ii)

Criteria for the Granting of a Child Arrangements Order

(iii)

Shared Parental Involvement

(iv)

Select Issues in Child Arrangement Disputes

The Children Act 1989 Public Orders: Child Protection (i)

The Concept of Child Abuse

(ii)

Balancing State Intrusion and the Protection of the Domestic Sphere

(iii)

The Role of the Local Authority

(iv)

Care Orders, Supervision Orders and Emergency Protection Orders

COURSE DELIVERY: LECTURES Lectures will be the primary method for delivering the course content with both Michaelmas and Epiphany terms comprising 20 lectures in total. The final lecture in Epiphany term will be a revision lecture going over the course material in preparation for the examination. The function of lectures is to provide the framework from which students can develop their own independent learning of family law. They are there to supplement the reading of the course texts, academic literature and legal sources. Lectures will be recorded but attendance is strongly encouraged. The recordings should be a supplemental aid to assist in the consolidation of knowledge and not a substitute for attending lectures. As family law is a topic-based course, there will be approximately three lectures per topic. All the aforementioned topics will be covered in the lectures. In compliance with the Law

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School’s Lecture Handout policy, all lecture handouts will be available electronically on DUO and no paper copies will be produced. PowerPoint slides will also be used during lectures and will be posted on DUO immediately after the lecture. The weekly lecture for family law is scheduled for Tuesdays 3pm-4pm in CG93 (Chemistry Department – Scarborough Lecture Theatre). Lectures last 50 minutes and students are encouraged to be punctual. The lecture handout is detailed but, along with the lecture recording, is not intended as a substitute for attendance at the lecture. The lectures will develop the case law cited and expand upon the academic material, often bringing in new perspectives not mentioned in the hand-out or recent legal developments. The handout is simply a foundation from which students can develop their own perspectives on the material. Reading the lecture handout prior to the lecture is strongly encouraged to facilitate learning.

COURSE DELIVERY: TUTORIALS The tutorials for family law will taken by Andy Hayward, Anna Jobe and Andrew Mohamdee. Tutorials are essential for your understanding of the course material. There will be two tutorials in Michaelmas Term and three tutorials in Epiphany term covering the central themes within the syllabus corresponding with the material covered in the lectures. The tutorials will comprise a mix of problem scenarios and essay questions. Tutorials will not cover material that students have not previously been lectured on, however, naturally they will require students to engage in independent research of particular points. Students must come to tutorials prepared and the tutor may ask a student to leave the tutorial if it becomes apparent that minimal preparation has been undertaken (see the Undergraduate Handbook for guidance on this). Students should also be willing to contribute to the discussion in the group bringing into the debate their own perspectives based on their own understanding of the academic literature. As family law is at times heavily statute-based, students should also bring their statute book to tutorials as reference will be made to specific statutory provisions.

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Attendance at tutorials is mandatory. Failure to attend a tutorial without a valid reason will be recorded as a missed academic commitment (see the Law School Undergraduate Handbook for further information). If a student is unable to attend a tutorial, for any reason, they must inform their tutor in advance of the tutorial (do not turn up to another tutorial expecting to be allowed in). A tutor can refuse attendance at another tutorial if the student does not have a valid reason for missing the original tutorial, thereby constituting a missed academic commitment.

LECTURE AND TUTORIAL TIMETABLE: MICHAELMAS TERM 2018 Lecture Slot: Tuesday 3pm-4pm CG93 (50 minutes) Topic (Number of Lectures Spent on Topic)

Dates of Lecture

Introductory Lecture and Family Definition (1)

Tuesday 9th October

Marriage and Civil Partnerships (3)

Tuesday 16th October Tuesday 23rd October Tuesday 30th October

Tutorial Cycle 1 (Marriage and Civil Partnerships)

Week Beginning Monday 5th November

Divorce and Dissolution (3)

Tuesday 6th November Tuesday 13th November Tuesday 20th November

Tutorial Cycle 2 (Divorce and Dissolution)

Week Beginning Monday 26th November

Financial Remedy Orders & Prenuptial Agreements (3)

Tuesday 27th November Tuesday 4th December Tuesday 11th December

Mandatory Formative Assignment Deadline

Wednesday 12th December

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LECTURE AND TUTORIAL TIMETABLE: EPIPHANY TERM 2019 Lecture Slot: Tuesday 3pm-4pm CG93 (50 minutes) Topic

Dates of Lecture

Tutorial Cycle 3 (Financial Remedy Orders and Prenuptial Agreements)

Week Beginning Monday 14th January

Cohabitation (3)

Tuesday 15th January Tuesday 22nd January Tuesday 29th January

Modern Law Governing Children (2)

Tuesday 5th February Tuesday 12th February

Tutorial Cycle 4 (Cohabitation and Modern Law Governing Children)

Week Beginning 11th February

Children Act 1989: Private Law Orders (2)

Tuesday 19st February Tuesday 26th February

Children Act 1989: Public Law Orders (2)

Tuesday 5th March Tuesday 12th March

Tutorial Cycle 5 (Private and Public Law Orders)

Week Beginning 18th March

Revision Lecture (1)

Tuesday 19th March

Optional Formative Assignment Deadline

Wednesday 20th March

DUO Family Law has its own page on DUO and students are strongly encouraged to familiarise themselves with and use this learning tool. Course announcements and materials (handouts, PowerPoints slides) will be made available via DUO.

Dr Andy Hayward Law of Family Relationships: Syllabus 2018-2019

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Family Law also has a Discussion Board which the module convener will moderate throughout the duration of the course. Students are encouraged to post all questions on DUO (this can be done anonymously). All revision queries will be answered on the Discussion Board.

ASSESSMENT: FORMATIVE The formative assessment does not count towards your overall mark for family law. It is intended to test your knowledge and research skills. 

For an essay question, students need to think carefully about the question set, construct an argument accordingly and demonstrate evidence of wider reading.



For a problem scenario, students must methodically work through the legal framework, cite case law and advise the parties accordingly.

Both essays and problems scenarios are required to be referenced accurately and the House Style used by Durham Law School is OSCOLA. There will be two formative assessments. Formative Assignment One This assignment will be mandatory which means that failure to submit an answer will be treated as a missed academic commitment. The answer must not exceed 1,500 words (including footnotes). The first formative assignment question is included in the course materials pack and will also be posted on DUO. The assignment must be submitted via DUO with a deadline of 12th December 2018. If you are experiencing any problems concerning the submission of this piece of work or require an extension you must email the module convenor promptly and in advance of the deadline (tutors are not permitted to grant extensions, so you must contact the module convener). Extensions will only be granted where there are serious extenuating circumstances. Comprehensive individualised feedback will be given on the assignment, generic feedback will be provided in a lecture and with the prior consent of the student, any particularly strong first class or 2:1 responses will be published on DUO.

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Formative Assignment Two This assignment will be optional. The assignment will also be posted on DUO in Epiphany term with a deadline of 20th March 2019. The assignment must be submitted via DUO.

ASSESSMENT: SUMMATIVE This course will be summatively assessed by a closed-book examination that will constitute 100% of your mark on the course. The exam will last 2 hours and 30 minutes. It will involve a mixture of essay questions (Part A) and problem scenarios (Part B) with 7 questions in total (4 essay questions, 3 problem scenarios). Students must answer one question from Part A, one question from Part B and a final question from either Part A or Part B giving a total of three answers. It should be noted that a statute book is the only material permitted for use in the exam. Only one edition is permitted ( earlier editions cannot be used and will be removed from students if brought into the examination). The permitted edition is: 

Claire Fenton-Glynn, Blackstone’s Statutes on Family Law 2018-2019 (Oxford University Press, 27th Edition, 2018).

With the exception of the candidate’s name and anonymous examination code, the statute book must be completely unmarked, thus no underlining, highlighting, tabbing, folding of page corners. Extracts from statutes or additional materials will not be provided in the exam. The material covered in lectures and this syllabus should be used as a guideline for exam preparation but do note that the way in which these topics are taught does not represent an indication on how they will be examined. For example, civil partnerships may be taught in tutorials as an essay question, but this does not preclude it being examined as a problem scenario (or vice versa). Overall exams are there to test your understanding of the law and your ability to write succinctly, yet thoroughly, under time pressure. Pre-prepared essay questions have limited use if they fail to engage with the question set. Regurgitation of handouts will not score highly as they fail to demonstrate independent research of academic sources and understanding of current theories/debates.

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PRIZES The Family Law course is kindly supported by an examination prize with a view to enhancing student employability and supporting careers in family law. The Lord Justice McFarlane Prize will be awarded annually to the top three undergraduate students in the undergraduate module of Law of Family Relationships (£300 for first place, £200 for second place and £100 for third place). In addition to the financial award, each of the three recipients will be invited to marshall Lord Justice McFarlane when he is sitting in the Court of Appeal. Sir Andrew McFarlane is President of the Family Division of the High Court, a leading authority on the law governing children and an alumnus of Durham Law School (Collingwood College).

PAST EXAMINATION PAPERS AND EXAMINER REPORTS Note that the assessment for family law changed in 2018-2019 from previous years and now is completely exam-based. There is no longer a summative assignment component. As noted above, the exam paper is now comprised of 4 essays and 3 problem scenarios with a student required to answer 3 (unlike previous years where in light of the summative a student only had to answer 2 questions out of a selection of 6 questions). Please bear this in mind when looking at past exam papers or reading past examiner reports for the module. All of the past papers for family law are available on DUO along with examiner reports.

INTRODUCTORY READING Rob George, Ideas and Debates in Family Law (Hart, 2012) 

A good introductory text. Accessible and innovative text which explores well-travelled areas of family law. Published August 2012 so slightly out of date.

Jonathan Herring, Rebecca Probert & Stephen Gilmore, Great Debates in Family Law (Palgrave, 2nd Edition 2015) ** Good for referencing in essay questions 

Another introduction to some of the key debates in modern family law. Published 2015 so in need of updating.

Dr Andy Hayward Law of Family Relationships: Syllabus 2018-2019

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