IRISHLAW

The Child Care Act and the "Munby principles"

2011-08-21T00:00:15+01:00

Is there anybody on this list that studied the "Munby principles" as in X Council v B and others [2004] EWHC 2015 (Fam) and have an opinion in comparing it with local procedures?

I am specifically interested in opinions in terms of Emergency Care Orders, Interim Care Orders in Ireland, compared to the opinions of Justice Munby regarding UK cases. [...]

Re: Legalcitation.ie

2011-08-19T15:24:46+02:00

Hi Jennifer,

Well done to all involved. Best of luck with the project.

It would be great to have a standard citation system across all colleges and publishers in Ireland.

I found the OSCOLA website to be very informative and helpful when I was writing up for a Masters a few years ago. It was really worthwhile working through the OSCOLA guidance document and going back to it when I had doubts. I wished I had come across it years earlier. [...]

Re: Legalcitation.ie

2011-08-18T13:39:33-04:00

Jennifer, this is a wonderful project! I've often wondered why there was no official citation source in Ireland, such as we have in the states (i.e., the Harvard Blue Book). Tell whoever is dean at Limerick now to double your pay!

Sincerely, Carol

----- Original Message ----- From: "Jennifer.Schweppe" To: Sent: Thursday, August 18, 2011 3:29 AM Subject: [IrishLaw] Legalcitation.ie [...]

Legalcitation.ie

2011-08-18T08:29:33+01:00

A new website went live this week which contains a proposed comprehensive system for standard citation of legal materials in Ireland.

Throughout Irish law schools, publishing houses and professional organisations, there is no one system of citation, which makes it challenging for writers to adapt to different styles depending on their audience. Four academics at the University of Limerick, Dublin Institute of Technology and the National University of Ireland Galway, with the support and approval of other Law Schools have therefore developed a comprehensive citation system for Irish lawyers and law students, based on the OSCOLA standard. [...]

Re: Reasonable Parental Chastisement

2011-08-14T10:09:49+01:00

And a parent not reporting the other parent will be guilty of not reporting it.

Alternative punishment may be seen as emotional abuse.

Sean

----- Original Message ----- From: "Carol Rasnic" To: IRISHLAW@LISTSERV.HEANET.IE Sent: Friday, 12 August, 2011 11:27:40 PM Subject: Re: [IrishLaw] Reasonable Parental Chastisement

Do you have the citation for this American case (including state and date)? Thanks! [...]

Re: Reasonable Parental Chastisement

2011-08-12T18:27:40-04:00

Do you have the citation for this American case (including state and date)? Thanks!

----- Original Message ----- From: "Andries vanTonder" To: Sent: Friday, August 12, 2011 11:16 AM Subject: [IrishLaw] Reasonable Parental Chastisement

> Referring to abuse as defined in Children First 2011 - physical abuse > including slapping.. > > Does this mean that "reasonable parental chastisement" is to be outlawed > when Children First is on statutory level? > > Opinions please! > > Quote from the only known case law (USA) on chastisement: > > "Parental corporal punishment typically involves the corporal punishment > [...]

Reasonable Parental Chastisement

2011-08-12T16:16:14+01:00

Referring to abuse as defined in Children First 2011 - physical abuse including slapping..

Does this mean that "reasonable parental chastisement" is to be outlawed when Children First is on statutory level?

Opinions please!

Quote from the only known case law (USA) on chastisement:

"Parental corporal punishment typically involves the corporal punishment of a child by a parent or guardian in the home. It may involve the spanking or slapping of a child with the parent's open hand, but may sometimes be with an implement such as a belt, slipper, cane or paddle. [...]

Trafficking of Children and Separated Children, DCU, 29 August 2011

2011-08-03T11:23:21+01:00

The Socio-Legal Research Centre, DCU will host an event on human trafficking on Monday August 29th at 5 pm in HG17, the Nursing Building, DCU.

Professor Rebecca Wallace from Robert Gordon University and Detective Superintendent Noel Clarke from the Garda Anti-Human Trafficking Unit will address the topics of trafficking of children and separated children. These talks will be followed by a short reception. [...]

Re: Summer School - Keeping Children Safe and Secure and the Use of Data

2011-08-01T12:02:50+01:00

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To contact (F.von-Prondzynski@dcu.ie) regarding personal matters please email (F.von-Prondzynski@rgu.ac.uk)

Thank you.

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Summer School - Keeping Children Safe and Secure and the Use of Data

2011-08-01T11:59:45+01:00

Keeping Children Safe and Secure in Ireland

Maximising the use of existing data to inform Research, Policy and Practice

Summer School

Dates: Monday 12th September - Friday 16th September 2011 Location: University College Cork Cost: Free

Summer School Summary

The value of secondary analysis of already existing data is increasingly recognised in the Irish and international academic communities. This summer school is designed to offer in-depth and critical insight into the methods, practices and issues involved in analysis of secondary quantitative and qualitative data. Participants will be acquainted - through workshops and practical sessions - with the different kinds of [...]

Hold the Date - Summer School - Using Data and Keeping Children Safe

2011-07-05T18:50:21+01:00

A Summer School will take place at University College Cork from September 12th-17th 2011 on the use of existing data to inform research, policy and practice on keeping children safe and secure in Ireland. Supported by the Department of Children and Youth Affairs and IRCHSS, the Summer School will be hosted by UCC's interdisciplinary social science initiative (ISS21) with the direct involvement of colleagues from Law, Applied Social Studies and Nursing and Midwifery. The aim of the Summer School is to promote research and engagement with a range of existing data sources on child protection and safety through an intense [...]

Draft Criminal Code published

2011-07-04T19:47:17+01:00

Press release Minister Shatter publishes draft Criminal Code prepared by the Criminal Law Codification Advisory Committee

The Minister for Justice, Equality and Defence, Mr Alan Shatter T.D., today (23 June 2011) published the draft Criminal Code prepared by the Criminal Law Codification Advisory Committee.

The Minister said: "I am publishing the draft Criminal Code prepared by the Criminal Law Codification Advisory Committee to enable interested parties to submit their views on it. Any submissions received will be considered by my Department in the context of its ongoing examination of the draft code." [...]

Public Meeting of the Copyright Review Committee

2011-06-30T10:35:54+01:00

http://www.cearta.ie/2011/06/public-meeting-of-the-copyright-review-committee/ Public Meeting of the Copyright Review Committee

The Copyright Review Committee will hold a public meeting at 8:30 next Monday morning, 04 July 2011, in the Robert Emmet Lecture Theatre, Room 2037 Arts Block, Trinity College Dublin

Eoin O'Dell will chair, and the other members of the Committee, Patricia McGovern and Steve Hedley, will be in attendance. The Committee will all be in listening mode, so hope to hear many contributions from as wide a range of interests as possible. [...]

Equality Through the Ages, NUI Galway, Fri. 24 June 2011

2011-06-16T09:24:58+01:00

NATIONAL UNIVERSITY OF IRELAND GALWAY and UNIVERSITY OF LIMERICK STRATEGIC ALLIANCE Gender, Law, Equality and Rights A thematic group of Gender ARC (Advanced Research Consortium on Gender, Culture and the Knowledge Society) Together with The Irish Centre for Social Gerontology And The School of Law, NUI Galway are pleased to announce a one-day seminar on [...]

Re: Barring orders

2011-06-12T14:57:52+01:00

The family law court does not have a jurisdiction to adjudicate on matters that are crimes so any allegation of a crime - violence in the form of an assault or battery - CAN NOT be heard or adjudicated on in Domestic Violence proceedings. The pity is that the average citizen must wonder what on earth is actually going on in such proceedings and generally they are not informed as to the nature of the intentions of the Oireachtas. [...]

Solicitors fees

2011-06-12T21:57:50+01:00

Being one of three plaintiffs who recently settled (out of court), a High Court medical negligence action I am concerned as to the matter of costs. It was agreed that the three plaintiffs would settle for individual amounts and that all costs would be paid by the defendants.

The perfected order of the High Court reads as follows; (1) that the plaintiffs costs to include reserved costs and costs of discovery, costs of inspection and the costs of motions listed before the Court on this day be taxed and that the Fourth and Fifth named Defendants do pay the said [...]

Re: Barring orders

2011-06-10T21:48:25+00:00

A respondent doesn't 'opt' for any route. The applicant chooses to bring proceedings under the domestic violence legislation and the respondent may or may not choose to answer the allegations. A respondent does not have a choice whether or not to accept the order of the court, although he or she can appeal to a higher court. Criminal charges are normally brought by the gardai or, in more serious cases, the Director of Public Prosecutions. [...]

Re: Barring orders

2011-06-10T22:13:07+01:00

What if at the time the gardai had investigated the claims of perjury and felt that there was a case but the DPP was not interested, and refused to take action, furthermore if the summing up by the judge was "THE MARRIAGE IS OVER SO LETS GIVE A BARRING ORDER." Not a reason under law for a barring order. [...]

Re: Barring orders

2011-06-10T15:06:54+01:00

There appear to be at least two problems with this approach.

1. It is generally held that facts that formed part of in-cameral family law proceedings are not admissible as evidence to a third party.

2. The nature of the jurisdiction under which Domestic Violence orders are made is on the basis that the named Respondent opted for the "Civil" route instead of being charged with assault or battery and so would not have a defence where an order was made. In effect the named Respondent is seen as asking for the court to give him the probationary type order [...]

Re: Barring orders

2011-06-09T11:03:38+01:00

The point Kieron Wood makes is one that I agree with. The judge gave a ruling based on the evidence presented to him in good faith. The evidence that the original poster claims to have, may not have been available at the time of the original ruling.

Contact the local Garda District HQ and make an appointment to see an Inspector oa above. Explain the information you have to them and make a statement there and then. [...]

Re: Barring orders

2011-06-09T09:38:16+00:00

How is it the fault of the Department of Justice if a judge, in good faith, accepts what transpires to be perjured evidence? If there is evidence of perjury which satisfies the criminal standard of proof, why not take it to the gardai?

> Date: Thu, 9 Jun 2011 05:11:39 +0000 > From: arranhussey@HOTMAIL.COM > Subject: Re: [IrishLaw] Barring orders > To: IRISHLAW@LISTSERV.HEANET.IE > > There would be a relevant history before and after this specific matter which makes it difficult to comment on the facts given. A face to face discussion with a solicitor would trump any advice given [...]

Re: Barring orders

2011-06-09T05:11:39+00:00

There would be a relevant history before and after this specific matter which makes it difficult to comment on the facts given. A face to face discussion with a solicitor would trump any advice given here on the basis of partial facts.

> Date: Wed, 8 Jun 2011 22:49:41 +0100 > From: mumsf@IOLFREE.IE > Subject: [IrishLaw] Barring orders > To: IRISHLAW@LISTSERV.HEANET.IE > > Is it possible to take a case against the dept of justice and others if one was barred from ones home 16 years ago and it is now possible to prove that the evidence against one was [...]

Barring orders

2011-06-08T22:49:41+01:00

Is it possible to take a case against the dept of justice and others if one was barred from ones home 16 years ago and it is now possible to prove that the evidence against one was perjury? Francis Duffy

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Professor James A. Hathaway event, Trinity College Dublin, June 13th 2011

2011-06-08T11:04:44+01:00

The Irish Refugee Council and the Law School of Trinity College Dublin are delighted to invite you to an event on 13th June 2011 to mark the 60th anniversary of the 1951 Convention Relating to the Status of Refugees.

The event will be chaired by Professor William Binchy with the keynote address to be delivered by Professor James A. Hathaway, titled "Saving the future of international refugee law". [...]

IWLA event - Reproductive Rights - Ireland's ABC Case", 25 June 2011

2011-06-03T12:05:12+01:00

From: Patricia.Conlan [mailto:Patricia.Conlan@ul.ie]

The Irish Women Lawyers Association will be holding their Annual General Meeting and Summer Conference in:-

The Green Hall, The Law Society, Blackhall Place, Dublin 7.

On Saturday 25th June 2011.

AGM 9.30 - 10.30am followed by:

Registration for Conference 10.30 - 11.00am Conference 11.00 - 1pm

The Title of the Conference is "Reproductive Rights - Ireland's ABC Case" [...]

Vacancy: Lectureship in Law, UCC

2011-06-03T10:44:10+01:00

University College Cork Coláiste na hOllscoile, Corcaigh

LECTURESHIP IN LAW ONE YEAR FIXED TERM POST

Faculty of Law, College of Business and Law

Applications are invited for this one year post in the Department of Law. The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of providing innovation and excellence in legal education and research, including a contribution to policy development and society. As one of the largest departments in University College Cork, Law has a distinguished history over many decades in attracting high quality students [...]

CCJHR Annual Criminal Law Conference, UCC, Fri. 17 June 2011

2011-06-02T11:52:38+01:00

Centre for Criminal Justice and Human Rights University College Cork

5th Annual Criminal Law Conference Different Approaches, Same Justice? Lessons to be learned across the White/Blue Collar Divide

Friday 17th June, 2011 Brookfield Health Sciences Complex, Room G_02, University College Cork

CONFERENCE PROGRAMME

9.30 - 10.00 Registration, Brookfield Health Sciences Complex 10.00 - 10.15 Conference Opening Dr. Catherine O'Sullivan, Co-Director, CCJHR, University College Cork Chair: Judge David Riordan, Judge of the District Court [...]

American Bar Association International Section Dublin Conference October 11-15

2011-06-01T09:59:05+01:00

The ABA International Section Conference will be held in Dublin for the first time at the Convention Centre East Wall this October.

There is a special rate for academics (US$195) and for students (US$95) who wish to attend with a Legal Education stream of sessions running on the 11th and 12th. [...]