Clinical Course in Cross-Border Child Protection Services

General characterization

Prerequisites

Available soon

Bibliography

Available soon

Teaching method

Students are expected to participate in specific cases of the professor and will be called upon to carry out individual and group problem-solving exercises, as well as to accompany the teacher to trial hearings, or other judicial diligences, such as pre-trial hearings, parents’ conferences.

In order to make the course viable, taking into account its characteristics, such as attendance at prior hearings, meetings and other events, the course should not exceed 10 places.

Evaluation method

Considering the practical background of the course, which is largely based in specific experience and legal practise, the students will be expected to, during the course, participate in oral presentation and drafting of texts, individually and in groups of two, of the following matters:

1. accompanying the teacher to trial hearings, or other judicial diligences, such as pre-trial hearings, parents’ conferences, and preparing, in groups of two, a critical analysis on the decisions given by the courts or competent entities, to be presented orally - 30% 


2. on the issues above, drafting, in groups of two, of a summary of suggestions on next steps in pending cases to defend the interests/clients at stake - 15%


3. Individually drafting research of case-law and doctrine that may be applicable to solve pending legal problems in specific cases handled by the professor - 20%


4. Individually drafting of a final analysis of comparative law for the matters at stake, with the aim to defend a best application of the law to the facts of the case, considering the international instruments, the internal law, the facts in discussion and all the circumstances of the case. The students may choose the topic of the final analysis within the matters accompanied by the professor, to be delivered at the end of the semester - 35%

Subject matter

1. children cross-border relocation: which criteria are applied, inconsistencies, best interest of the child, parents and other family members rights to visitation, the case of open adoptions - 6 hours.

2. international protection of unaccompanied minors: international instruments, internal application, laws of protection and promotion, competent public entities, potential measures of protection and promotion, rights of refusal of application of the measures, appeals, - 6 hours

3. The practical application of Hague Conventions in transnational child protection, cross-border parental child abduction; the intervention of the central national authorities; the technicalities, the exceptions to the return of the children, criminal context – domestic violence, absence of custody. - 6 hours

4. Matters of parental responsibility and contact involving different countries - 6 hours. 

Programs

Programs where the course is taught: