LAW30450 Family and Child Law UCD Assignment Example
Family and child law is a complex area of the law that impacts the lives of millions of people every day. This course will explore the laws governing family relationships and the legal issues affecting children, including custody, support, and adoption. You will gain a better understanding of how Family Law impacts your life and the lives of those around you. In addition, this course provides an introduction to topics such as juvenile justice, domestic violence, and child abuse.
Assignment Activity 1: Demonstrate detailed knowledge and understanding of the legal principles and mechanisms governing each discrete area examined in the module.
The legal principles governing family relationships are based on the concept of marriage. A marriage is a voluntary contract between two people, who agree to live together as husband and wife. In Ireland, marriage is a civil contract and can only be entered into by couples who are over 18 years of age. The law recognizes three types of marriages:
Marriages between two people of the same sex are now recognized in Ireland following the enactment of the Marriage Equality Act 2015.
A civil partnership is a legal relationship between two people of the same sex who have registered their relationship with the Civil Partnership Registration Service.
The law relating to children is based on the best interests of the child principle. This means that the courts will make decisions about children’s lives based on what is best for them, not their parents. The Children Act 2001 sets out the principles that the courts must consider when making decisions about children. These principles include:
The law relating to family relationships is complex and changes frequently. It is important to seek legal advice if you are considering getting married, entering into a civil partnership, or have any questions about the legal rights and responsibilities of parents and children.
Assignment Activity 2: Apply legal rules and principles to hypothetical scenarios involving child and family law issues.
Scenario 1: You are the mother of two children, aged 5 and 7. Your husband has just been diagnosed with a terminal illness and he is terminally ill. He wants to see his children before he dies. Can he do this?
-Under the Children Act 2001, a parent has a right to see their children unless the court determines that it would not be in the best interests of the child. In this scenario, the court would likely determine that it is in the best interests of the children to see their father before he dies. The father would need to make a formal application to the court seeking permission to see his children.
Scenario 2: You are the father of a 9-year-old child. You and your wife are divorced and you have custody of your child. Your ex-wife wants to move to another country with your child. Can she do this?
-Under the Hague Convention on the Civil Aspects of International Child Abduction, a parent cannot take a child out of a country without the permission of the other parent or court order. In this scenario, the father would likely apply to the court for an order preventing his ex-wife from taking their child out of the country.
Scenario 3: You are the guardian of your niece, who is 10 years old. You want to take her on holiday to Florida for two weeks. Can you do this?
-Under the Guardianship of Infants Act 1964, a guardian has the authority to make decisions about the child’s welfare, including decisions about where the child should live and travel. In this scenario, the guardian would likely be granted permission by the court to take the child on holiday to Florida.
Assignment Activity 3: Evaluate the role of the law in regulating relationships between parents and children and between cohabiting partners.
The law plays an important role in regulating relationships between parents and children and between cohabiting partners. The law sets out the principles that must be considered when making decisions about children, such as the best interests of the child principle. This ensures that decisions about children’s lives are made based on what is best for them, not their parents.
The law also provides a framework for regulating relationships between parents and children, such as through the Children Act 2001. This ensures that both parents have a say in decisions about their child’s life and that the child is not taken advantage of in any way. Finally, the law provides a mechanism for resolving disputes between parents and children or cohabiting partners, such as through the family courts. This ensures that disputes are resolved in a fair and timely manner.
Assignment Activity 4: Research a particular area of child law using paper and electronic resources and specialist legal materials.
When researching a particular area of child law, it is important to use both paper and electronic resources. In addition, it is also important to access specialist legal materials, such as case law and legislation.
Some good places to start when researching child law are the following:
- The Child Law Database: This online database provides access to a range of resources on child law, including case law, legislation, and journal articles.
- Westlaw: This online legal research service provides access to an extensive range of materials on child law, including cases, legislation, journals, and news.
- LexisNexis: This online legal research service offers access to a wide range of materials on child law, including cases, legislation, and journal articles.
- The Family Law Courts: This website provides information about the family law courts in England and Wales, including how to make an application to the court and what to expect when you attend a hearing.
- Child Rights Information Network: This website provides information on child rights in the UK, including articles, reports, and case law
Assignment Activity 5: Analyse past, current, and future law and policy developments in terms of theoretical issues and terms of their impact on individuals & families.
The past, current, and future law and policy developments in child law are constantly changing. This can be seen in the way that the law has developed over time, with new legislation and case law being introduced to reflect the latest changes in society. Some of the most notable developments include the following:
- The Children Act 1989: This act set out the principle that the welfare of the child is paramount and introduced the concept of parental responsibility.
- The Children Act 2004: This act amended the Children Act 1989 and introduced several new provisions, including the concept of contact orders.
- The Children and Families Act 2014: This act reformed the system of family law in England and Wales, by introducing a new process for resolving disputes between parents and children known as family mediation.
In terms of theoretical issues, one of the key debates in child law is around parental rights and responsibilities. This debate centers on the question of whether parents should have a say in decisions about their child’s life, even after the child has become an adult. Another key debate is around the best interests of the child principle, which considers how to weigh up different factors when making decisions about a child’s welfare.
In terms of their impact on individuals and families, law and policy developments in child law can have a significant impact. For example, the introduction of new legislation or case law may change the way that decisions about children are made, which can have a positive or negative effect on families. It is therefore important to keep up to date with the latest law and policy developments in child law so that you can understand how they may affect you or your family.
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