LAW30450 Family and Child Law

Academic Year 2023/2024

Family law is a fascinating and dynamic subject that raises important issues of social policy. Historically and constitutionally, Irish law has only recognised one form of family - the marital unit. This module focusses instead on two alternative views of the family - parent-child relationships and relationships between cohabitants (adults in an intimate relationship who are not married). An important critical focus of the module will be on how Irish law imposes and supports interdependency. The module will also examine the how the rights of children and adult partners are protected in Irish family law. While the module is delivered from a predominantly domestic law perspective, case law, policy and theoretical perspectives from other common law jurisdictions are examined where relevant.

Topics to be covered may include (subject to time constraints):

- Parenthood
- Guardianship
- Custody and Access
- Child maintenance
- International Child abduction
- Domestic Violence
- The Family Home Protection Act 1976
- Financial dependency of cohabitants

This module compliments the Autumn module LAW37690 Matrimonial Law and Reliefs which focusses on the formation and dissolution of the marital family in Irish Law. Some of the legal issues examined in the module are also relevant to married couples with children and this will be highlighted throughout.

This module will focus on private child law i.e. legal recognition of parent-child relationships, disputes between parents and children's rights within the parent-child family unit. The module is complimented by LAW37690 which looks at public law issues i.e. the circumstances in which the State can intervene into the family unit and the history of child protection law.