Module Details

Module Code: LAWS H3305
Module Title: Family and Child Law 1
Title: Family and Child Law 1
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: Margaret Crowley
Domains:  
Module Description: The aim of this module is for the learner to have a developed knowledge of the provisions of Irish law which impact upon the child and on the family in Ireland.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Critically assess the definition of the family within Irish law.
LO2 Critically assess the approach of the Irish courts and the legislature to children in Irish society.
LO3 Critically evaluate the legal concepts to explain the processes that underpin child protection
LO4 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
The Family
• The Family Defined • The Family & the Constitution • The Family & the European Convention of Human Rights • The Marital Family • The Non- Marital Family • Civil Partnership/Same sex marriage • Reform
Protection of Children
• Duty of Child and Family Agency/Tusla to children and families • Voluntary Care • Removal of Child to Safety by member of Garda Siochana • Care Proceedings • Children in need of Special Care and protection • Balancing the rights of the child with the rights of the parent(s)/family • Voice of the child and child participation • The Courts' Powers and Jurisdiction • The Provision of Care and Review of Cases by Child and Family Agency • Assistance for Child on Leaving Care • Children’s Residential Centres • Child protection internationally • Reform
Status of Children
• Common Law Position • New rule of Construction • Legitimacy • Determinations and Declarations of Parentage • Registering the Birth • Assisted Human Reproduction & The Status of Children • The Children and Family Relationships Act 2015 and DAHR • Surrogacy in Ireland and internationally • Reform
Adoption
• What is Adoption • Placement for Adoption • Legal Consequences of Adoption • Role of the Adoption Agency/Child and Family Agency • Role of the Adoption Societies • The Adoption Procedure • Consents Required to Adoption of a Non-Marital Child • Who can adopt - changes brought about by Adoption Act 2017 • Dispensing with Consents • Adoption from foster care • Confidentiality and Anonymity -Tracing • Intercountry Adoptions • Reform
Child Abduction
• The Comity of Courts Doctrine • Regulatory Framework • The Hague Convention 1980 • The Luxembourg Convention 1980 • Brussels 11 bis • Preventing Abduction • Child Abduction as an Offence • Reform
Module Content & Assessment
Assessment Breakdown%
Project100.00%

Assessments

Full Time

No Continuous Assessment
Project
Assessment Type Project % of Total Mark 100
Timing n/a Learning Outcomes 1,2,3,4
Non-marked No
Assessment Description
A project consisting of an essay or problem based assessment to critique a topical area of Irish family and child law, including a comparison with other jurisdictions, and may involve putting forward proposals for reform in the area. This will assess the student’s ability to independently research and analyse areas of family and child law This also requires the learner to demonstrate a strong independent work and research ethic. Student may also be required to present their findings in an oral format.
No Practical
No End of Module Formal 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 5.93 89
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].
  • Louise Crowley. (2013), Family Law, Round Hall, [ISBN: 9780414032286].
  • Burns Poso and Skivenes. (2017), Child Welfare Removals by the State, Oxford University Press.
  • Jim Nestor. (2011), An Introduction to Irish Family Law, 4th, Gill & Macmillan.
  • Lydia Bracken. (2018), Child Law in Ireland, [ISBN: 9781911611097].
  • Ursula Kilkelly. (2008), Children’s Rights in Ireland: Law, Policy and Practice, Tottell.
Supplementary Book Resources
  • Geoffrey Shannon. (2010), Child Law (2nd ed), RoundHall.
  • Geoffrey Shannon. (2007), Family Law (3rd ed.), Oxford University Press.
  • De Londras and Kelly. (2010), European Convention on Human Rights Act, Round Hall.
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..
  • The Statute book website: www.irishstatutebook.ie for all relevant legislation.
  • EU Website. http://www.europa.eu/.
  • Legal Aid Board. http://www.legalaidboard.ie/LAB/LAB.nsf/ Home?OpenPage.
  • 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/
  • Westlaw.ie. For up to date journal articles and ebooks.
  • IRHEC. www.ihrec.ie.
  • Children's Rights Alliance. www.childrensrights.ie.
  • Ombudsman for Children. www.oco.ie.
  • UNICEF. www.unicef.ie.
  • Adoption Authority/Tusla. www.aai.gov.ie.
  • For UK cases and international legal commentary.
Discussion Note: