Module Details

Module Code: LAWS C3418
Module Title: Family and Child Law 2
Title: Family and Child Law 2
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: Margaret Crowley
Domains:  
Module Description: To critically examine the legislative and judicial regulation of family relationships under Irish law
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Evaluate, compare and differentiate, on the basis of rights the positions of both marital and non-marital families
LO2 Assess the impact of nullity, separations and divorce on marriage contracts, and will fully understand the situations in which these may be invoked and will critically consider the regulation of ancilliary relief associated with marriage breakdown.
LO3 Demonstrate a thorough and integrated knowledge of the legal structures in place within Irish family law to combat domestic violence and debate the case for reform of the law in this area.
LO4 Independently construct and resolve complex family law problems, demonstrating an integrated knowledge of the subject area.
LO5 Identify and analyse areas of the law which are in need of reform, articulate and discuss any proposals put forward for such reform and debate their merits.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
Indicative Content
Guardianship & Custody of Children
• Parental Rights and Duties • The Guardianship of Infants Act 1964 as amended • The Children and Family Relationships Act 2015 • Custody Agreements • Access • Appointment of Guardian by Deed or Will or by the Court • Custody after a Decree of Nullity and on Judicial Separation and Divorce • Custody Disputes between Parents • Custody Disputes between Parents and Outsiders • Variation and Discharge of Custody Orders • Safeguarding the Interests of Children • The voice of the child • The Protection of Children in International Situations • UN Convention on the Rights of the Child
Marriage
• The Nature of marriage • Marriage under the Constitution • Same-sex marriage • Civil Partnerships • Cohabitation and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010- Cohabitation Agreements • The Agreement to Marry • Capacity to Marriage • Formal validity • The Presumption of Marriage • Declarations as to Martial status
Nullity
• Introduction • Void Marriages • Voidable Marriages • Expert Evidence in Nullity Cases • Bars to a nullity decree • Reform
Separation Agreements
• The Nature of a Separation Agreement • Legislative & Judicial Developments • Standard Clauses in a Separation Agreement • Termination of Separation Agreements • Remedies for Breach of Separation Agreement
Judicial Separation
• Effect of Decree of Judicial Separation • Separation by Agreement or Judicial Separation? • Separation Agreement bar to Obtaining Decree of Judicial Separation • Judicial Separation and Divorce • Constitutional Considerations • The Grounds for Judicial Separation • Reconciliation and Mediation
Divorce
• Divorce & the Constitution • The Statutory Framework • ‘No-Fault’ Divorce • Custody of Dependent Children • Grounds for Divorce • Recognition of Foreign Divorces • Cross-border Divorces • Parental Responsibility
Financial and Property Division & Support on Divorce and Separation
• Court Orders on Separation and Divorce – different types of orders available. • Matters to be Taken into Account when Making Orders • General Guiding Principles for the Court • Provision for Dependent Members of Family • Disclosure of Assets • Variation and Discharge of certain Orders • Property Disputes between Spouses • Financial Support for Spouses and Children • Reform
Domestic Violence
• Introduction • The Orders Available • Applications by Cohabitees and Parents • Applications by Child and Family Agency • Ancillary orders • The Principles Applied in Making Orders • Welfare • Conduct • Effect and Enforcement • Reform brought about by the Domestic Violence Act 2018 • Further Reform
Practice and Procedure in the Family Courts
• The District Court • The Circuit Court • The High Court • The Supreme Court • Legal Aid • Reform of the Family Courts Structure
Module Content & Assessment
Assessment Breakdown%
End of Module Formal Examination100.00%

Assessments

Full Time

No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 100
Timing End-of-Semester Learning Outcomes 1,2,3,4,5
Non-marked No
Assessment Description
End-of-Semester Final Examination
Reassessment Requirement
Exam Board
It is at the discretion of the Examination Board as to what the qualifying criteria are.

SETU Carlow Campus reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description 12 Weeks per Stage 3.00 36
Estimated Learner Hours Non Contact No Description 15 Weeks per Stage 14.27 214
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description Every Week 1.50 1.5
Total Weekly Contact Hours 1.50
 
Module Resources
Recommended Book Resources
  • Geoffrey Shannon. (2021), Child and Family Law, Round Hall, [ISBN: 9780414082953].
  • Jim Nestor. (2011), An Introduction to Irish Family Law, 4th, Gill & Macmillan.
  • Louise Crowley. (2013), Family Law, Round Hall, [ISBN: 9780414032286].
  • Lydia Bracken. (2018), Child Law in Ireland, [ISBN: 9781911611097].
  • Burns Poso and Skivenes. (2017), Child Welfare Removals by the State A cross country analysis of decision-making systems, Oxford University Press.
  • Kieron Wood. (2014), Family Breakdown A legal Guide, Clarus Press, [ISBN: 9781905536658].
Supplementary Book Resources
  • Ursula Kilkelly. (2008), Children’s Rights in Ireland: Law, Policy and Practice, Tottell.
  • Geoffrey Shannon. (2010), Child Law (2nd ed), RoundHall.
  • Alan Shatter. (1997), Shatter's Family Law, 4th ed, Butterworths.
  • Geoffrey Shannon. (2007), Family Law (3rd ed.), Oxford University Press.
  • Geoffrey Shannon. (2007), Divorce Law and Practice, RoundHall.
  • Kevin Liston. (2005), Family Law Negotiations: An Alternative Approach, Round Hall.
  • Law Society of Ireland:Family Law. (2011), Family Law Manual.
Recommended Article/Paper Resources
  • The Irish Law Time. The Irish Law TImes, The Irish Law Times.
  • Irish Journal of Family law. Irish Journal of Family Law, Irish Journal of Family law.
  • Family law practitioner. family law practitioner.
Other Resources
  • Justis.ie. Justis.ie, for all relevant cases and journals..
  • Lexis Nexis Butterworths - for all relevant UK cases and journals..
  • www.irlgov.ie, Website of the Irish Government.
  • The Statute book website: www.irishstatutebook.ie for all relevant legislation.
  • Irish Government Online Information Portal, including summaries of law. http://www.oasis.gov.ie.
  • EU Website. http://www.europa.eu/.
  • Adoption Authority. http://www.aai.gov.ie/.
  • Legal Aid Board. http://www.legalaidboard.ie/LAB/LAB.nsf/ Home?OpenPage.
  • Parental Equality. http://www.parentalequality.ie/new/index .php.
  • General Register Office (registration of births, marriages, deaths). http://www.groireland.ie.
  • Law Reform Commission. www.lawreform.ie.
  • Child Care Law Reporting Project,
    http://www.childlawproject.ie/author/car ol/
  • Child and Family Agency/Tusla,
    http://www.tusla.ie/
  • (2017), https://www.lawsociety.ie/globalassets/d ocuments/committees/family/family-law-ha ndbook-2017.pdf.
  • Westlaw.ie. For up to date articles and ebooks.
  • Westlaw.uk. For UK cases and articles and international commentary.
Discussion Note: