Module Title:Family and Child Law 1
Language of Instruction:English
Credits: 5
NFQ Level:8
Module Delivered In 1 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas; Problem Solving Exercises - learner will work as part of a team and will work together to resolve various legal scenarios. Class Discussion/Debate - Learners will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills. E-Learning - It is envisaged that the module will be supported with on-line learning materials. Self-Directed Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices.
Module Aim: 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 should be able to:
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.
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed

Module Content & Assessment

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
• 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
Assessment Breakdown%
No Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Project 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. 1,2,3,4 100.00 n/a
No Practical
No End of Module Formal Examination

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


Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture 12 Weeks per Stage 3.00
Estimated Learner Hours 15 Weeks per Stage 5.93
Total Hours 125.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50

Module Delivered In

Programme Code Programme Semester Delivery
CW_HHLAW_B OLD Honours Bachelor of Laws Degree - LLB 5 Elective