Family and Child Law

Family and Child Law

Semester 1/ Semester 2/ Resit / Other (Please delete as appropriate. If “other” please specify)
Module assessment detail (approved at validation as amended by module modification)
Module code & title 6LW001 Family and Child Law
Module Learning outcomes: Tick (?)
if tested here
LO1 Apply knowledge and understanding of the principles of Family law and an understanding of the legal context which seeks to reflect legal solutions on wide relationship issues and child centred disputes illustrating an awareness of the ambiguity and uncertainty in the law.
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LO2 Critically apply knowledge to problem situations and demonstrate the ability to provide solutions to unresolved debates demonstrated over a wide number of current issues relating to the family; be able to evaluate the development and application of the legal principles of family law in a changing legal context using primary and secondary legal sources and relevant journals.
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Assessment types Weightings (%)
Presentation
20

Coursework 80
Assessment type, weighting and LOs tested by this assessment indicated in the shaded area above by a ?
Important requirements (Delete where appropriate, if other please provide detail)
Mode of Working: Individual
Presentation Format:
Method of Submission: Hard copy to MI Student Centre
Mark required to pass this coursework: 40%
Hand-in date and time 18th January 2016 at 4.00 p.m.
Date and method by which you will receive feedback w/c 15th February 2016 written and face-to-face
Resit/retrieval date w/c 11th July 2016
Assessment limits (in accordance with FoSS assessment tariff)
2,200 words excluding references and bibliography

Do clearly state your student number when submitting work but do not indicate your name.
Always keep a copy of your work.
Always keep a file of working papers (containing, for instance, working notes, copied journal article and early drafts of your work, etc.) that show the development of your work and the sources you have used. You may need to show this to tutor at some point so notes should be clear and written in English. This is an important requirement. There may be circumstances where it is difficult to arrive at a mark for your work. If this is so you may be asked to submit your file within 3 working days and possibly meet with your tutor to answer questions on your submission.

Explanation of submission requirements and further guidance

• Assessments are subject to a word limit to ensure consistency of approach across all modules. Your work should not exceed the limit indicated (excluding references and appendices). Do not feel that you have to “achieve” this word count in your work. What is important is that the work satisfies the stated learning outcomes which are articulated through the assessment criteria (see following page).
• Care is taken to ensure that work has been marked correctly. Checks are conducted by both a second lecturer and an independent expert from outside the University on batches of work.
• Your work will not be returned to you but you will receive detailed feedback explaining how your mark has been arrived at and how your work could have been improved upon.
• Always use the Oxford referencing system.
• Expensive or elaborate bindings and covers for submissions are not required in most instances. (Refer to guidelines however in the case of dissertations).
• The Faculty of Social Sciences has a policy of anonymous marking of individual assessments which applies to most modules. You should not identify yourself directly in the work you submit and you may need to use phrases such as “the author of this assignment ….”in the detail of your submission.
Avoid academic misconduct
Warning: Collusion, plagiarism and cheating are very serious offences that can result in a student being expelled from the University. The Faculty of Social Sciences has a policy of actively identifying students who engage in academic misconduct of this nature and routinely applying detection techniques including the use of sophisticated software packages.
• Avoid Collusion. The Faculty of Social Sciences encourages group working, however to avoid collusion always work on your own when completing individual assessments. Do not let fellow students have access to your work at any stage and do not be tempted to access the work of others. Refer to your module tutor if you do not understand or you need further guidance.
• Avoid Plagiarism. You must use available and relevant literature to demonstrate your knowledge of a subject, however to avoid plagiarism you must take great care to acknowledge it properly. Plagiarism is the act of stealing someone else’s work and passing it off as your own. This includes incorporating either unattributed direct quotation(s) or substantial paraphrasing from the work of another/others. For this reason it is important that you cite all the sources whose work you have drawn on and reference them fully in accordance with the Harvard referencing standard. (This includes citing any work that you may have submitted yourself previously). Extensive direct quotations in assessed work is ill advised because it represents a poor writing style, and it could lead to omission errors and a plagiarism offence could be committed accidentally.
• Avoid the temptation to “commission” work or to cheat in other ways. There are temptations on the internet for you to take “short cuts”. Do not be tempted to either commission work to be completed on your behalf or search for completed past academic work.
When you submit your work you will be required to sign an important declaration that the submission is your own work, any material you have used has been acknowledged and referenced, you have not allowed another student to have access to your work, the work has not been submitted previously, etc.

Assessment Brief
The detailed requirements for this assessment are as follows:
Adam and Jonquil have been married for eight years and have two children, Kristen who is aged 6 and Jack who is aged 10 and has cerebral palsy. Until recently, the marriage has been relatively happy and both spouses have been good and caring parents, spending very considerable time with their children and supporting Jack so far as possible. Adam is a marketing manager with a national company earning £55,000 gross per annum and is based at the company office 3 miles from the matrimonial home. About a month ago, Adam applied for a promotion based at the company’s new offices in Norwich. The new job has an annual salary of £63,000 gross. As he is now 35 years old, Adam believes that this next promotion will set the agenda for the rest of his career with this company, and thus the promotion is very important to him. Jonquil was not in favour of him applying for the job, since Norwich is not within commuting distance and if Adam got the job, he would have to move his family to Norwich. Jonquil has lived in the town where they now live for all of her adult life and has friends within a short distance of the matrimonial home. She is very concerned that a move would adversely affect the children, particularly Jack. Adam is of the opinion that, since he is the main earner within the family, they should follow his job location and also that children are very adaptable.
Yesterday, Adam received a letter offering him the job in Norwich and this led to a fierce and bitter argument between the spouses, since Jonquil accused him of putting his career aspirations before his family. Adam desperately wants to accept the job and he gave Jonquil an ultimatum; either she and the children move with him to Norwich or he moves by himself and starts a new life. Neither of them has spoken to the other since the argument and both believe themselves to be in the right.
Jonquil, aged 36 years, is a trained beautician and presently works part time at a local salon earning £8,000 gross per annum. She plans to become a self-employed mobile beautician using her estate car and the set up costs of the business will be £5,000.
The couple jointly own a 4 bedroomed detached house which is currently valued at £240,000 and is subject to mortgage of £68,000. They bought the house in 2005 when it was in need of extensive renovation, much of which was undertaken by Adam, his father, Ben, and Jonquil’s brother Garry, who is a qualified electrician.
Adam is contributing to a company pension scheme, the value of which currently stands at £28,000, whilst Jonquil has no private pension arrangements. The couple have joint savings of £3,500 in the local building society and the only other assets other than Jonquil’s car (worth £11,000) are the furniture and contents of the matrimonial home, which are not of any significant value.
1) Advise Jonquil as to what she may reasonably expect to receive by way of ancillary relief for herself and for the two children should she and Adam divorce.
2) Jonquil’s parents are prepared to pay for Jack to travel to the USA in order to see a specialist in the field of cerebral palsy. This doctor claims to have had success with a new form of treatment for Jack’s condition and Jonquil is very keen to try the treatment on Jack. Adam is opposed to the idea, as he feels that the treatment is still experimental and he does not want to risk his son as a “guinea pig”. How can this disagreement between the parents be formally resolved? What factors would be considered in making the decision?

The following information is important when:
• Preparing for your assessment
• Checking your work before you submit it
• Interpreting feedback on your work after marking
Assessment Criteria
The module learning outcomes tested by this assessment are indicated on page 1. The precise criteria against which your work will be marked are as follows:
• Knowledge and Understanding
• Legal Problem Solving Skills
Performance descriptors
Performance descriptors indicate how marks will be arrived at against each of the above criteria. The descriptors indicate the likely characteristics of work that is marked within the percentage bands indicated.
Knowledge and understanding
90-100 Extensive detailed knowledge and understanding:
• Demonstrates extensive accurate knowledge relevant to the question
• Shows clear and confident understanding
• Explains relevant concepts/principles accurately and in detail
• Uses supporting case law/statute extensively, accurately and in detail
In addition provides extensive accurate referencing and citation in footnotes and a detailed bibliography (including tables of cases/statutory materials)
80-89
70-79
67-69 Good well-developed knowledge and understanding:
• Demonstrates good accurate knowledge relevant to the question
• Shows clear and confident understanding
• Explains relevant concepts/principles accurately and in detail
• Makes good use of supporting case law/statute accurately and in detail
In addition provides good accurate referencing and citation in footnotes and a detailed bibliography (including tables of cases/statutory materials)
63-66
60-62
57-59 Adequate knowledge and understanding:
• Demonstrates adequate knowledge relevant to the question (there may be some omissions but not critical ones)
• Shows reasonably clear and confident understanding
• Explains most relevant concepts/principles generally accurately and with some detail
• Makes reasonable use of supporting case law/statute generally accurately and with some detail
In addition provides adequate referencing and citation in footnotes and a bibliography (including tables of cases/statutory materials)
53-56
50-52
47-49 Limited but satisfactory knowledge and understanding:
• Demonstrates limited knowledge relevant to the question (there are likely to be some omissions, inaccuracies and some irrelevance)
• Shows some clarity and confidence and confidence in understanding
• Explains some relevant concepts/principles generally accurately and with occasional detail
• Makes limited use of supporting case law generally accurately and with occasional detail
In addition provides some referencing and citation in footnotes and some bibliographical material
43-46
40-42
30-39 Very limited and unsatisfactory knowledge and understanding:
• Demonstrates very limited knowledge relevant to the question which is insufficient to answer the question
• Shows little clarity and confidence in understanding
• Explains few/if any relevant concepts/principles often inaccurately and lacking in detail
• Makes little if any use of supporting case law/statute which is likely to be inaccurate and lacking in detail
Referencing and citation in footnotes and bibliographical material, if included is likely to be limited in scope
20-29 Failure to meet learning outcomes or to attempt an answer:
• There will be little if any understanding shown OR the answer is incoherent and contains severe faults OR the student has failed to attempt an answer
Legal problem solving skills
90-100 High level problem solving skills:
• Identifies clearly and correctly all of the issues raised by the problem
• Applies all of the relevant law to the facts in a well-reasoned and logical way and distinguishes where appropriate
• Reaches cogent, logical and well supported conclusions balancing possible outcomes
80-89
70-79
67-69 Good problem solving skills:
• Identifies clearly and correctly all of the issues raised by the problem
• Applies all of the relevant law to the facts in a well-reasoned and logical way
• Reaches reasoned and well supported conclusions
63-66
60-62
57-59 Adequate problem solving skills:
• Identifies correctly most of the issues raised by the question
• Applies most of the relevant law in a reasoned and logical way
• Reaches reasoned conclusions
53-56
50-52
47-49 Limited but satisfactory problem solving skills:
• Identifies correctly some of the issues raised by the problem
• Applies some relevant law with some reasoning
• Reaches conclusions
43-46
40-42
30-39 Very limited and unsatisfactory problem solving skills:
• Identifies few if any of the issues raised by the problem
• Applies little if any relevant law
• Conclusions may lack reason
20-29 Failure to meet learning outcomes or to attempt an answer:
• There will be little if any application shown OR the answer is incoherent and contains severe faults OR the student has failed to attempt an answer
10-19
0-9

To help you further:
• Refer to the WOLF topic for contact details of your module leader/tutor, tutorial inputs, recommended reading and other sources, etc. Resit details will also appear on WOLF.
• The University’s Learning Information Services offer support and guidance to help you with your studies and develop your academic skills http://www.wlv.ac.uk/lib/skills_for_learning/study_guides.aspx