| CODE | CVL5029 | ||||||||||||
| TITLE | Practical Applications in Family Law | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| MQF LEVEL | 7 | ||||||||||||
| ECTS CREDITS | 5 | ||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||
| DESCRIPTION | The study-unit Practical Applications in Family Law is aimed at students following the first semester of the MA in Advocacy and is an attempt to bridge theory with practice in the field of Family law and the Law of Persons. All the issues discussed within the study-unit will be familiar to the students from their compulsory and/or elective study-units in family law and child law. This study-unit will give the students the opportunity to meet with practitioners in each speciality and learn about the practical application of the law. It will give them an insight into the ethical considerations an advocate or notary should consider when dealing with clients, the judiciary and other professionals. It will also serve to sensitise the student to the needs of the client and prepare her/him for different approaches and listening abilities which may be required. Attention will also be paid to coping skills essential to the well-being of the lawyer particularly when exposed to sensitive disclosure such as child abuse and domestic violence. Study-unit Aims: - to bridge the gap between academia and practice in the field of Family law and the Law of persons; - to facilitate the launch into the legal profession; - specifically to contribute towards empowering young lawyers to better respond to the needs of their clients by introducing practical reality in the application of family law. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - enhance their knowledge of the application of a wide range of topics in Family Law in specific contexts; - better manage the practical delivery necessary in applying legal theory; - critically analyse related legal practice and court judgments in the field of family law and the law of persons; with a view to putting their findings into practice. 2. Skills: By the end of the study-unit the student will be able to: - identify the professional sources best suited to supplement the extra-legal needs of their clients; - apply contemporary legal developments to case studies. Main Text/s and any supplementary readings: Main Text: Civil Code, Chapter 16 of the Laws of Malta 1. Family Court Courts and Tribunals Procedures Act 2002,LN 395.2003 (coming into force) The Civil Courts (Establishment of Sections) (Amendment) Order, 2004, LN 8.2004 The Civil Court (Family Sections), the Civil Court (General Jurisdiction Section) and the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Sections) (Amendment) Regulations 2004, LN 9.2004, Mediation Act Chapter 474 2. Domestic Violence Domestic Violence Act Chapter 481 Civil Code Article 40 Criminal Code Articles 412C, 412D 3. Annulment Marriage Act Chapter 255 Code of Canon Law Canons 1095-1098,1101-1103, 1099,1157+1160 4. Care Orders Children and Young Persons (Care Orders) Act - Chapter 285 Subsidiary Legislation 285.01 Children and Young Persons (Care Orders) Regulations Legal Notice 49 of 1985, as amended by Legal Notices 43 of 1999 and 102 of 2005 Juvenile Court Act – Chapter 287 Refugees Act – Chapter 420 5. Disability Equal Opportunities Act Chapter 413 6. Mental Health Civil Code [Articles 189-192 + Succession Law] COCP [Articles 520-527] Marriage Act Chapter 255 Mental Health Act - Chapter 262 7. Foster Care Foster Care Act - Chapter 491 8. Adoption Civil Code [Articles 113-130A] Subsidiary Legislation 16.04 + 16.05 Adoption Administration Act – Chapter 495 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993) 9. Children United Nations Convention on Rights of the Child Child Commissioner Act Chapter 462 Farrugia R., Access of Children to Civil Justice in Compilation of Texts related to Child-Friendly Justice, Council of Europe, 2009, pp 48- 64 http://www.coe.int/t/transversalprojects/children%5CSource%5CSweden2008%20Folder%5CFarrugia_en.doc. 10. Abduction Child Abduction and Custody Act – Chapter 410 Legal Notice 209.209 |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Mary Joan Camilleri Evelyn Caruana Demajo (Co-ord.) Sandra Hili Vassallo Mary Muscat Anna Maria Vella |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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