| CODE | CVL1017 | ||||||||
| TITLE | Family Law for Social Policy and Social Work | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | The study-unit will cover the most important aspects dealing with specialised Family Law lecturing to social policy and social work students and thus providing the students with a hands-on approach to everyday experiences. Its scope is to prepare the student on the applicability of the law and the interaction between the individual and society in a family law context. During the semester, a visit to the law courts is organised and a talk on family law related topics is delivered by a Judge presiding over the Family Court and a Magistrate dealing with family law related cases so that students eventually wanting to venture into such an environment will gain a hands-on experience of the application of family law in the legal environment. Moreover, during the semester, one or two guests are invited to give a talk to students on the practical aspects of the family law subjects they specialise in. This study-unit provides an essential resource for everyday practice and includes explanations of the fundamental concepts of parental responsibility, marital responsibilities and the detailed description of private law, including various pieces of legislation which the practising social worker needs to know to deal with day to day situations stemming from the everyday problems people in society face. The social worker is not expected to give legal advice, but s/he will know what the legal situation is and will be able to assess the situation better. This at the end of the day will be of extreme importance to the person who will be benefiting from the social worker's help. Also, the study-unit aims at preparing social workers for their eventual entry into the court environment. The social worker will be able to better understand the legal implications involved and will thus be in a better position to provide more professional input to the Court in helping it reach a decision on the minors or the parents involved in litigation. The content of the study-unit will include: The definition of Family, through various pieces of legislation and the legal issues raised by atypical families under the Maltese legal system. The rights and duties arising from Marriage together with the mutual rights and duties of the spouses, ascendants, descendants and brothers will also be delved into. The separation process, with a special emphasis on both the civil and criminal aspect. The difference between divorce, separation and annullments is also discussed and actual cases studied so as to better illustrate the difference between the three. The issue of the payment or lack of payment of maintenance is discussed together with the right of access, and this with a view to giving a first hand experience when these everyday issues arise with the social worker. Also, a useful insight into other types of arrangements besides marriage will be discussed including cohabitation. Various forms of placement of children are discussed at length, the topics including adoption, fostering, tutorship and curatorships of minor children of absentees. The study-unit will also discuss the issue of parental authority, the effects of parental authority in regard to minors and how parental authority ceases, what the rights of children are, what the rights of minors are, when does minority cease, what are the rights and duties of the children once they attain majority. The concepts of interdiction and incapacitation are also studied together with other acts of a civil status. Finally, domestic violence, its various forms and who benefits from the law is discussed, and this with a view to increase the awareness of future social workers. Study-unit Aims: The aims of this study-unit are to: - cover the most important aspects dealing with Family Law. - provide students with a hands-on approach to everyday experiences that relate to Family Law. - prepare students on the applicability of the law and the interaction between the individual and society in a family law context. - provide the student with a dynamic relationship between the law, social policy and social work practice. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Explain the most important aspects of the legislation that deals with Family Law; and - Describe what aspects of Family Law would apply in particular situations. 2. Skills: By the end of the study-unit the student will be able to demonstrate that s/he can communicate their understanding of the aspects of Family Law which apply in specific situations to others. Main Text/s and any supplementary readings: Laws of Malta: Cap. 16 - The Civil Code: Book First, Title I; Cap. 255. Laws of Malta: Cap. 16 - The Civil Code: Book First, Title II and Title III; Book Second, Part II, Title V. Handbook for Practice Learning in Social Work and Social Care Knowledge and Theory (2nd edition) Edited by Joyce Lishman 2007, ISBN: 978-1-84310-186-4, BIC 2: JKSN with special emphasis on Chapter 20: Social Work with Children and Families: A Case Study of the Integration of Law, Social Policy and Research in the Development of Assessment and Intervention with Children and Families. Robert Buckley, Robert Gordon University, Aberdeen. AGIUS Sarah Anne, LL.D. Thesis University of Malta (2003), The Principle of the Best Interests of the Child as the most important consideration taken by the Court. ATTARD Nadine, LL.D. Thesis University of Malta (2010), Post-Adoption Procedure in Malta. ATTARD BALDACCHINO Karen, LL.D. Thesis University of Malta (2005), The Family Court: A Road-Map. BALDACCHINO Maria, LL.D. Thesis University of Malta (2009), Court intervention in ‘freeing’ the child from parental rights. BARBARA Anna E., LL.D. Thesis University of Malta (1997),The Civil and Canonical Concept of Simulation in Marriage. BENNETTI Clint, LL.D. Thesis University of Malta (2010), The aims of the law of marital separation in context. BERRY Stefan-John, LL.D. Thesis University of Malta (1999), A comparative study of the law on divorce. BONDIN Matthew, LL.D. Thesis University of Malta (2009), Contact rights of the non-custodial father. BONELLO Franklin, LL.D. Thesis University of Malta (1999), Paramatrimonial union - A family law perspective. BONNICI MARIE Chantelle, LL.D. Thesis University of Malta (2010), Foster Care – The Maltese and European Perspective. BONNICI M’Christine, Social Work Dissertation, University of Malta (2003), The role of the Social Worker in the Process of Marital Separation, in the proposed Family Court. BORG Keith Anthony, LL.D. Thesis University of Malta (2006), A Comparative Analysis of the Concept of Family. BUHAGIAR Daniela, LL.D. Thesis University of Malta (1999), The mediation in the family court. BUHAGIAR PORSELLA FLORES Ingrid, LL.D. Thesis University of Malta (2003), Lack of Discretion and Inability to Assume Marital Rights and Obligations as Grounds for a Declaration of Marriage Nullity. A Contemporary Appraisal in Civil and Canon law. BUSUTTIL Isabelle, LL.D. Thesis University of Malta (1997), An Appraisal of the Community of Residue under separate adminsitration. BUTTIGIEG Marco, LL.D. Thesis University of Malta (2004), The Contract of Consensual Personal Separation. CABOURDIN Sabine, LL.D. Thesis University of Malta (2008), How the changing concept of the family affects the child. CAMILLERI ZARB Charlene, LL.D. Thesis University of Malta (2011), The Making and Breaking of Marriages and Civil Unions. Is Maltese Legislation Consistent with European Developments? CARUANA Omar, LL.D. Thesis University of Malta (2003), The Community of Acquests: Its Nature and Affects with Regard to the Spouses and Third Parties. CARUANA Annalisa, LL.D. Thesis University of Malta (2009), Community of Acquests – The Story of a Home Grown System. CASSAR Tatiane, LL.D. Thesis University of Malta (2002), Custody Rights of Spouses and Children in Marital Breakdown: Maltese Civili Law and Private International Law Perspectives. CHETCUTI Stephanie, LL.D. Thesis University of Malta (2010), Legal Issues regarding administration in adoption. CAUCHI Ann Marie, , LL.D. Thesis University of Malta (2011), Interdiction – An Analysis. CUSCHIERI Anne-Marie, LL.D. Thesis University of Malta (2011), Adultery as a ground for personal separation: A Jurisprudential Study. CUTAJAR Errol, LL.D. Thesis University of Malta (2011), Alternative hearings for Children in conflict with the law. An analysis. CUTAJAR Jean Noel, LL.D. Thesis University of Malta (2010), The division of property in personal separation proceedings – An analysis. DARMANIN Melanie, LL.D. Thesis University of Malta (2007), The function of the mediator within the family court: The role and its implications. D’AGOSTINO James, LL.D. Thesis University of Malta (2003), The Relationship between Divorce and Maltese Legislation. DEGUARA Analise, LL.D. Thesis University of Malta (2008), The process of intercountry adoption: whose interests is the law safeguarding? ELLUL Elaine, LL.D. Thesis University of Malta (2002), Maitenance: A study of its legal aspects and implications. ELLUL Frederick, LL.D. Thesis University of Malta (2004), Modern Threats to the Community of Acquests. FABRI CIARLO Oriella, LL.D. Thesis University of Malta (2007), Abuse knows no boundaries: Children and Domestic Violence. FALZON Astrid, LL.D. Thesis University of Malta (2007), The chiuld’s participation in separation proceedings regarding care and custody. FORMOSA Josephine, LL.D. Thesis University of Malta (2007), The concept of parent’s rights in today’s society. FRENDO Ramona, LL.D. Thesis University of Malta (1995), The Victimisation of Minors - Protection under the Criminal Law. GAFFIERO MUSCAT DRAGO Anna Marie, LL.D. Thesis University of Malta (2010), Marriage vis-a-vis natural law and civil law. GALEA Abigail, LL.D. Thesis University of Malta (2006), The Child’s best interest in selecting the perfect candidate to Adopt or Foster. GALEA DEBONO Mary, B.A., L.P. Dissertation, University of Malta (1990), The legal grounds for personal separation in Malta and some E.C. Countries – A Comparative study. GAUCI Jessica, LL.D. Thesis University of Malta (2010), Children’s rights: Age or Understanding? GAUCI BALUCI Luisa, LL.D. Thesis University of Malta (2005), Consent makes Marriage. A Comparative Study in the Code of Canon Law and the Maltese Civil Law. GONZI Mariella, LL.D. Thesis University of Malta (1995), Irretrievable Breakdown of Marriage as a Ground for Personal Separation. GRECH Joseph, LL.D. Thesis University of Malta (2001), The Maltese Family Court. MANGION Melanie, LL.D. Thesis University of Malta (1999), The legal remedies to domestic violence: A comparative study. MELI Christina, LL.D. Thesis University of Malta (2011), The Development of Matrimonial Regime Legislation in Mixed Jurisdictions: A Focus on Malta, Quebec and Louisiana. MICALLEF Alexandra, LL.D. Thesis University of Malta (2008), The Domestic Violence Act: Its consequences and effects. MIFSUD Anna, LL.D. Thesis University of Malta (2008), Meaningful child participation in the family court proceedings. MIZZI Sharon, LL.D. Thesis University of Malta (2008), Divorce in Malta – An assessment. MONTEBELLO Rachel, LL.D. Thesis University of Malta (1999), The legal effects of marriage and its dissolution on the property of the spouses. MOUSU Elizabeth, LL.D. Thesis University of Malta (1997), Violence and Fear as Grounds of Marriage Nullity in Maltese Civil Law:A Comparative Study with Canon Law. MUSCAT Michaela, LL.D. Thesis University of Malta (2011), Marriage Contracts and Matrimonial Regimes - A Local and European Perspective. MUSUMECI MACELLI Miriam, LL.D. Thesis University of Malta (2008), Marriage of convenience with a special reference to its practice in marriage between nationals and foreigners. O’BRIEN Barbara, LL.D. Thesis University of Malta (2003), Children’s Rights – The Right to Divorce Your Parent. PACE James, LL.D. Thesis University of Malta (1999), Inter-country adoptions: the procedural aspects and implications under Maltese law. PACE ASCIAK Natalie, LL.D. Thesis University of Malta (1995), The Rising Importance of the Concept of Parental Authority. RAPA Roberta, LL.D. Thesis University of Malta (2007), Community Property before and after the amendments of ACT XVIII of 2004. REFALO Tiziana Maria, LL.D. Thesis University of Malta (2010), The Matrimonial Home in marriage and separation; A Study of the evolution of the relation. SAID Angie, Social Work Dissertation, University of Malta (2003), Social Work and Child Abuse within the Maltese Family Division of the Civil Court. SAID Mariella, LL.D. Thesis University of Malta (2010), A Historical-Legal Analysis of the treatment of Juvenile Delinquency in Maltese Legislation. SCERRI Maria, LL.D. Thesis University of Malta (2008), Tutorship – It’s place and effect in contemporary society. SULTANA Robert, LL.D. Thesis University of Malta (2007), Mediation: Is this recently introduced alternative to litigation a truly effective mechanism under Maltese Law? TONNA Mariella, LL.D. Thesis University of Malta (2010), Unsuccessful annulment cases: The last five years. VELLA Amanda, LL.D. Thesis University of Malta (2011), Cohabitation: A Matter of Choice or Necessity. A Comparative Study. VELLA Claudia, LL.D. Thesis University of Malta (2003), Non-Marital Cohabitation – A Case for Legislative Intervention. VELLA Mariosa, LL.D. Thesis University of Malta (1995), Equal Partners in marriage - A Review of the Community of Acquests in the light of the 1993 Amendments. XUEREB Daniela, LL.D. Thesis University of Malta (2005), Domestic Violence and the Availability of Arms in the Matrimonial Home: Civil and Criminal Law Perspectives at Maltese Law. ZARB Matthew, LL.D. Thesis University of Malta (2010), Definition of family in the light of the right to family life. ZAMMIT Veronica, LL.D. Thesis University of Malta (2009), The state’s duties when exercising parental authority on children under care orders. ZRINZO Alexia Joy, LL.D. Thesis University of Malta (2006), Private International Rules regulating the effects of Marriage. |
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| ADDITIONAL NOTES | This study-unit is only offered to Faculty for Social Wellbeing students. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Vincent Galea |
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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 2024/5. It may be subject to change in subsequent years. |
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