Posted: December 11th, 2022

Family Law Assessment

Family Law

Please keep in mind that the referencing is OSCOLA. Apply the IRAC method. Problem – Emphasize the problem. Rules – State the UK laws that are relevant to the decision. Application – Discuss how the laws apply and justify your decision or suggestion. Cases – Discuss any cases that are similar to the one given and how they ended. This module has one summative (graded) assessment. It counts for 100% of your module grade. This Assessment is scored out of 100. This assessment assesses all module learning outcomes. Assessment submission information The suggested word guide for this assessment is 3000 words. This word guide is for guidance only. This means there is no penalty for exceeding the stated word guide. Please find attached the instructions
This assessment assesses all the module learning outcomes. The module learning outcomes are listed below.
By the end of this module successful students will be able to do the following:
Demonstrate knowledge of the fundamental concepts and functions of a selected range of areas of the English law relating to ‘families’.
The ability to analyse and evaluate the existing law in the light of legal, social, political and moral questions raised.
The ability to engage in informed debate concerning proposed reforms to the existing law and approaches to the relationship between law and families as they have developed within a body of legal, sociological and socio-legal scholarship.
Demonstrate an ability to undertake independent legal research including the use of appropriate academic databases.
Step one: Read the scenario facts below carefully:

Scenario facts:

Anita and Basil married in 2016. They have two children together. Their children’s names are Mavis and Michael. Mavis was born on 18/07/2019 and Michael was born on 01/01/2016. Anita and Basil drifted apart, and both consider their marriage to be at an end. They separated in December 2021 and have lived apart since then. They have decided to end their marriage through divorce. Anita is now living in the former matrimonial home. Basil is living in a new home, which is situated near to the former matrimonial home. At present, the children live with Anita during the week, and they live with Basil at weekends. Anita and Basil also agreed to share the care of their children equally during in school holidays, with each parent caring for the children for a week at a time. This childcare arrangement has worked well since the couple separated in December 2021. However, Anita has now started a new romantic relationship with a man named Jerald. Recently she told Basil that she wants her new partner, Jerald, to live with her. Basil does not believe that this is in the best interests of their children. He feels that Anita’s relationship with Jerald is moving far too quickly and feels that it would be disruptive for Jerald to live with the children and take on an active role in their care. He is, however, happy for Jerald to spend some time with the children. Anita feels that Basil is jealous of Jerald and has told Basil that Jerald will be moving in with her irrespective of whether Basil gives his approval. Basil has stated that if Anita allows Jerald to move in with her then he will apply for a court order to have the children live with him during the week (with Anita having the children at weekends instead of weekdays). He feels this would limit the disruption to the children’s lives and that it would ensure Jerald would still be able to spend weekends with the children. Anita has said that she will contest Basil’s application and has said that she will ask the court to make her the children’s primary caregiver and give Jerald parental responsibility in respect of both children. Anita has now asked Jerald to move in with her.

Step two: Complete task 1, task 2and task 3 (below)

Task 1 – word guide 500

With reference to relevant legislative provisions and case law, identify and explain which of the adults in the scenario have parental responsibility in respect of the Mavis and Michael and critically evaluate whether Jerald would be able to acquire parental responsibility for the children without Basil’s consent.

Task 2 – word guide 1250

With reference to the case law and the welfare checklist in section 1(3) of the Children Act 1989, critically evaluate whether the court is likely to grant an order that gives effect to Basil or Anita’s proposed child care arrangements.

Task 3 – word guide 1250

With reference to relevant academic literature, critically evaluate whether the introduction of no-fault divorce is likely to have a positive impact on families dealing with the relationship breakdown.

Guidelines and submission requirements
This assignment should be submitted no later than 13:00 on Wednesday
You must complete and submit all three of the tasks listed above.
Your submission should around 3000 words in length. There is no penalty for exceeding the word guide of 3000 words.
You must submit your answers to tasks 1, 2 and 3 in one single Microsoft Word document. This document should also include all footnotes and your bibliography.
Please make sure that you correctly cite and reference all primary and secondary sources you use, and ensure you include a bibliography. The bibliography will not be included in your final word count.
You must follow the OSCOLA referencing system. You can access the OSCOLA referencing guides here: OSCOLA | Oxford Law Faculty.

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