Courses :: Module, CHILD LAW

	Overview
	The module addresses the position of children in Irish law, with a particular emphasis on children in the context of family law. It addresses, in particular, current legal developments in the area of reproduction and assisted human reproduction (as well as surrogacy). The module examines the position of the child under the Constitution of Ireland 1937, the European Convention on Human Rights and the UN Convention on the Rights of the Child. It interrogates the law as it relates to the care and upbringing of children, with particular emphasis on the concepts of adoption, guardianship, custody and access, and the provision of financial support for children. The module also examines legal responses to children and other family members identified as being at risk, with a particular focus on the Child Care Act 1991, as amended, and the responsibilities of the Child and Family Agency, as well as child abduction, and domestic violence. The module seeks throughout to highlight the increasingly international dimensions of child law, with particular emphasis on cross-border recognition of court orders, and the free movement of families. It also emphasises the importance, where appropriate and feasible, of seeking to resolve disputes by conciliation, mediation and collaborative practices, though being mindful throughout of the imperative of ensuring that the best interests of the child are always secured. Module Content: The Evolution of Children�s Rights: UN Convention on the Rights of the Child; the Constitution and Children: the 31st Amendment (Article 42A); international law Reproduction and the Law: Parentage, AHR and Surrogacy Disputes about Children: Guardianship, Custody, Access, Maintenance Children at Risk: Care proceedings, Fostercare and Residential Care; Domestic Violence Adoption and Adoption Information Transnational Family issues and Conflicts of Law; Brussels II bis; Child Abduction; Children in the Justice System Any aspect of this module may be changed in any given academic year, subject to the discretion of the module lecturer.

Overview

The module addresses the position of children in Irish law, with a particular emphasis on children in the context of family law. It addresses, in particular, current legal developments in the area of reproduction and assisted human reproduction (as well as surrogacy). The module examines the position of the child under the Constitution of Ireland 1937, the European Convention on Human Rights and the UN Convention on the Rights of the Child. It interrogates the law as it relates to the care and upbringing of children, with particular emphasis on the concepts of adoption, guardianship, custody and access, and the provision of financial support for children. The module also examines legal responses to children and other family members identified as being at risk, with a particular focus on the Child Care Act 1991, as amended, and the responsibilities of the Child and Family Agency, as well as child abduction, and domestic violence.

The module seeks throughout to highlight the increasingly international dimensions of child law, with particular emphasis on cross-border recognition of court orders, and the free movement of families. It also emphasises the importance, where appropriate and feasible, of seeking to resolve disputes by conciliation, mediation and collaborative practices, though being mindful throughout of the imperative of ensuring that the best interests of the child are always secured.

Module Content:

The Evolution of Children�s Rights: UN Convention on the Rights of the Child; the Constitution and Children: the 31st Amendment (Article 42A); international law

Reproduction and the Law: Parentage, AHR and Surrogacy

Disputes about Children: Guardianship, Custody, Access, Maintenance

Children at Risk: Care proceedings, Fostercare and Residential Care; Domestic Violence

Adoption and Adoption Information

Transnational Family issues and Conflicts of Law; Brussels II bis; Child Abduction;

Children in the Justice System

Any aspect of this module may be changed in any given academic year, subject to the discretion of the module lecturer.

	Learning Outcomes
	On successful completion of the module, students should be able to: Critically analyse the law�s evolving approach to the concept of parenthood and the responsibilities and rights that flow from parenthood, with particular emphasis on parenting by those other than the genetic parents and birth mother of a child and on legal responses to assisted human reproduction and surrogacy; Outline and critique the concepts of adoption, guardianship, custody, access, and maintenance as they apply to the care and upbringing of children, and comment critically on their application; Examine and critically analyse the provisions of the Child Care Act 1991 (as amended) and legal responses to children at risk and needing protection, and families experiencing domestic violence; Consider child law in an international context; Engage in independent research and analysis of relevant topics of child law and apply the law to unseen fact scenarios.

Learning Outcomes

	Autumn Supplementals/Resits
	Are supplemental/resit registrations permitted? Yes University scheduled written examination (Autumn): 120 minutes, On-campus

Autumn Supplementals/Resits

Search form

Courses / Module

CHILD LAW

Semester 1

Semester 2