LA32C Family Law III- Regulation of the De Facto Family
  1. General
The completion of Family Law (Law Relating to Husband and Wife) is a
prerequisite for this course.
This course will be taught in the second semester of the second and third year of
the LL.B. degree programme.

2. Course Objective

This course critically examines the law relating to the de facto family in the
Commonwealth Caribbean. It questions whether it is desirable to regulate de
facto family relations, say on a par approaching that of the de juris family and if
so, the nature and extent of the regulation.

3. Course Content
The topics to be covered in this course include:
i. Form and structure of de facto family units, West Indies and elsewhere,
e.g. cohabiting couples, visiting relationships, single mother families,
etc.
ii. West Indian Family Law - an overview a with the traditional family law
of other common law countries
iii. Common law marriage - analysis of the judicial doctrine and commonlaw marriage legislation, e.g model.
iv. Agreements of cohabit - validity
v. Status of children legislation
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vi. Maintenance rights of de facto spouses (also “single” mothers) and
children. Extra-territorial enforcement orders
vii. Property - de facto spouse rights to accumulate property
viii.. Inheritance and succession to property by de facto family members
ix. Miscellaneous legislation, e.g. Fatal Accidents, Nation Insurance, etc. -
provision for de facto family members
x. Registration Acts - provision for compulsory registrar of parents
xi. Paternity proceedings
xii. Custody of Children
xiii. Domestic violence legislation
xiv. Family planning and abortion legislation

4. Method of Teaching
The course will be taught by way of two lectures and one tutorial per week.
Each lecture and tutorial will be one hour duration.

5 . Method of Assessment
This course will be assessed by means of a two hour final examination at the end
of the Semester in which it is taught. Students will be required to answer three
questions selected from a total of six questions.


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