Introductory description

This module explores current and topical issues in Family Law that challenge traditional normative values underpinning both family law and family policy. It provides an opportunity to look in greater depth at how the English and Welsh family justice system grapples with challenges such as cuts to legal aid, austerity, mobility, religious pluralism and scientific developments.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

The module is designed to change each year in response to current events, and the model syllabus given is only a sample of the sorts of issues that might be discussed.

Three broad themes will enable students to make links across the module and consider how the issues relate to different types of families.

Key Concepts – austerity, autonomy, vulnerability, access to justice, legal pluralism, legal cultural relativism, gender, exploitation and colonialism in family law.

• Austerity and Family Justice: This section of the module will consider how the family justice system operates in practice for today's families (following austerity measures). In particular, students will examine the impact of reforms of legal aid over several decades. They will consider how these reforms have influenced the availability and accessibility of traditional support. Students will critically interrogate the narrative of decreased state support for the family and the increased individual responsibility that emerges. In any given year, this theme might explore:
• Cuts to Legal Aid
• Lawyers' responses to the current family justice landscape
• Non-court dispute resolution, including family mediation
• Non-lawyer support services
• Changes to social welfare provision for families such as cuts to Child Benefit, the Benefit Cap and the introduction of Universal Credit
• Child Poverty
• Care for older people
• The increased emphasis on private agreement and family dispute resolution,
• Rethinking access to justice.
• Legal pluralism: This section of the module will consider both the emergence of religious tribunals within the English family justice system and the accommodation of religious traditions in substantive family law. It will be critical of colonial structures within English Family Law. In any given year, this theme might explore:
• Sharia Councils and Islamic marriage
• Recognition of overseas marriages
• Forced marriage
• Kafala and adoption
• International Matters: In this section of the module the students will critically consider cross-border regulation of family relationships. In any given year, this theme might explore:
• Domestic adoption of non-nationals
• Inter country adoption
• International surrogacy
• International Child abduction
• International Child maintenance

Learning outcomes

By the end of the module, students should be able to:

• Demonstrate understanding of how a broad range of laws may affect families and how the law affects different types of families in different ways.
• Critically assess Law’s role in shaping normative values for family life and how the law should respond to developments that change or challenge traditional societal values.
• Evaluate the concept of ‘the family’ on which different laws are based and the policies adopted by the state in supporting and regulating families.
• Research a topic relevant to current family law issues using paper and electronic resources and specialist legal materials.
• Work independently to gain understanding of material and issues.
• Use legal concepts, empirical data, social work terms, policy principles and theoretical ideas in speaking and writing about law.

Indicative reading list

Reading lists can be found in Talis

International

Part of the module considers the mobilisation of families in a globalised age. This theme may explore topics such as: the domestic adoption of non-nationals; international child abduction; and, international surrogacy.

Subject specific skills

• To demonstrate knowledge and understanding of the development of family justice in England and Wales.
• To demonstrate knowledge and understanding of the emergence of religious tribunals within family justice and the accommodation of religious traditions in substantive family law.
• To apply and evaluate notions of justice in the context of current family law within England and Wales.
• To critically analyse a number of issues within modern English and Welsh family law, including law's role in shaping normative values for family life.
• To research current family law issues by bringing in a range of material (both legal and non-legal, doctrinal and socio-legal).

Transferable skills

• Effective communication, both written and verbal.
• Understand and summarise material, including academic commentary.
• Personal responsibility and decision-making.
• Teamwork and group-based skills.
• Time management.
• Presentation skills.