The focus of family law has changed as law’s recognition and interaction with family relationships change. From focusing on the law of husband and wife and marriage and divorce family law now encompasses how the law responds to social and caring relationships with and across the generations. Key issues relate to the financial consequences when relationships between adults breakdown, responsibilities of parents and carers for children and the state’s obligations to support families and protect children.
The University has a long history of both doctrinal and empirical research in the area of family law, both in the Law School and in the School of Social Policy with whom there are strong links. Professor Stephen Cretney, a former Law Commissioner, developed doctrinal and particularly historical study in family law at Bristol in the 1970s and 1980s before moving to All Souls College, Oxford. Professors Gwynn Davis and Mervyn Murch developed socio-legal studies in family law from the 1970s providing a wealth of material on the operation of the family courts, court welfare services, mediation and child support. These two strands of work were brought together in empirical research on ancillary relief in the 1980s which lead to the publication of Davis, Cretney and Collins, Simple Quarrels (1994). Professor Rebecca Bailey-Harris joined Bristol Law School from Australia where she was well know for her research on Australian Family Law. Together with Gwynn Davis and Julia Pearce she undertook socio-legal work in child law and became a joint author with Stephen Cretney and Judith Masson of a leading text on family law, Cretney’s Principles of Family Law, now in its Eighth Edition. Professor Bailey-Harris left Bristol for a career at the bar and was replaced by Professor Judith Masson who had substantial experience in both empirical and doctrinal family law research, specialising in child law, including work on adoption, wardship, inheritance, the care of looked after children, child representation and the emergency protection of children. Julia Pearce and Kay Bader, current researchers within the School have worked on a variety of projects with Professors Murch, Davis, Bailey-Harris and Masson. Emma Hitchings joined the Law School in 2001, following a PhD at Cardiff studying the law relating to same sex relationships. She has continued to develop empirical research with studies on adoption and the effect of reported big money cases on the advice that solicitors give ordinary couples who divorce.
The Undergraduate Family Law unit includes both the law relating to adult relationships and child law. There is also a separate unit on International Child Law, covering such issues as the Implementation of the UN Convention on the Rights of the Child, child abduction, intercountry adoption and responses to child labour. Professor Judith Masson has supervised a number of PhD students research aspects of domestic and International Child Law. There is an Advanced Award Unit on Family Law which examines family relationships, family law, reform and legal doctrine. The unit begins by looking at what the family is, moving on to consider, through topics such as the legal recognition of unmarried partners, how the law responds to families and their experiences and likewise how familial experience shapes the law..
The family law researchers at Bristol have interests in a wide range of issues and topic in family law. They are currently working on projects in public child law and family property but can draw on wide experience. Their work focuses on family law practice in England an Wales but includes comparative work and international issues in child law, including the implementation of the UN Convention on the Rights of the Child. Particular areas of interest include:
We have strong links with the School of Social Policy and have recently hosted visiting researchers from Argentina, Germany, New Zealand and Spain.
Professor Judith Masson, Dr Emma Hitchings, Julia Pearce and Kay Bader.