Specialised training for future Family And Youth Court magistrates

Transcription

1 Specialised training for future Family And Youth Court magistrates ref.: JUR-011 Target audience Judges wishing to serve at the Family and Youth Court Prosecuting magistrates wishing to exercise public prosecutor functions at the Family and Youth Court Appeal Court magistrates wishing to sit in the Family Courts and/or Youth Courts Magistrates of the general prosecutor's office wishing to exercise public prosecutor functions at the Family Courts and/or Youth Courts Judges wishing to sit in the specific Youth Courts with the competence to judge persons having been subject to a relinquishment of jurisdiction decision under the Law of 8 April 1965 on youth protection, the treatment of minors who have committed an act categorised as an offence and compensation for the damage caused thereby within the context of a misdemeanour and/or indictable crime Appeal court magistrates wishing to sit in the specific Youth Court responsible for ruling on prosecutions against persons following a relinquishment of jurisdiction decision under the Law of 8 April 1965 on youth protection, the treatment of minors who have committed an act categorised as an offence and compensation for the damage caused thereby within the context of a misdemeanour and/or indictable crime Future youth affairs liaison magistrates Second or third year judicial trainees (optional) Judges/substitute advisors, provided that their entity head certifies that they will join the Family and Youth Court service organisation of their court within the short term (i.e. within one year of the training course). Objective and skills After the training course, participants will be capable of serving as magistrates in the Family and Youth Court. More specifically, they will obtain essential skills: with regard to youth protection and youth assistance, restorative justice, mediation, educational services, child abuse and mentally ill minors; in relation to roles and duties in civil and family matters, territorial and procedural aspects, international treaties and international private law ("Brussels II bis" (EC) and other Regulations); in order to understand the needs of children; for the diagnosis and management of conflicts during the hearing and being capable of understanding minors; for managing the Family and Youth magistrate's office appropriately. 1

2 During this training course, "Civil law and civil procedure" and "Criminal law, criminal procedure and criminology" competences will be (further) developed. Dates 1) FAMILY module: Monday 24 until Wednesday 26 October 2016 Location 1) FAMILY module: residential seminar, Hotel CROWN PLAZA LIEGE - Mont Saint-Martin 9-11, 4000 LIEGE Notes The working language is French, but simultaneous interpretation in English is foreseen. Documents however will not be translated. All dinners will be held in the hotel Transport and hotel costs are covered by participants per diem. Contact : Nazan.kucukbinar@igo-ifj.be - 2 -

3 Programme "Family law" Module President: Ms Solange BRAT, Family and Youth Judge at the Court of First Instance in Brussels and Lecturer at the University of Mons 1) Monday, 24 October Check-in and welcome-coffee Introduction and overview of the training course Ms Solange BRAT, mentioned above The subject matter and territorial jurisdiction of the Family Court Mr Didier PIRE, lawyer at the Liège Bar, Lecturer at the University of Liège, member of the High Council of Justice Coffee break Questions of civil procedure - Introduction of the request - Preparation - Legal remedies - Provisional execution - Family record 3. Urgent measures: invoked urgency and presumed urgency - appearance of the parties - measures that may be ordered - investigation measures - standing referral Lunch Mr Didier PIRE, mentioned above International dimension - Legislation: (EC) Brussels II bis Regulation, Hague Convention 1996, etc. - Related aspects: cross-border measures, enforcement abroad, parental abductions, etc. Ms Myriam DE HEMPTINNE, counsellor at the Brussels Court of Appeal, Family appeal judge Coffee break - 3 -

4 International dimension (the following) - Legislation: (EC) Brussels II bis Regulation, Hague Convention 1996, etc. - Related aspects: cross-border measures, enforcement abroad, parental abductions, etc. Ms Myriam DE HEMPTINNE, counsellor at the Brussels Court of Appeal, Family appeal judge Adoption: some focal points regarding adoption law and procedure End Mr Pierre RANS, Advocate General of the Brussels Appeal Court Diner 2) Tuesday, 25 October 2016 Breakfast 09:15 7. The role of the public prosecutor in the Family Court in first instance and appeal 8. Enumeration of civil procedures and protection procedures Mr Pierre RANS, Advocate General of the Brussels Appeal Court 11:15 Coffee break 11:30 9. Child support Ms An JANNONE, counsellor at the Brussels Court of Appeal 12:30 Lunch 13: Spousal and ex-spousal support 15:30 Coffee break Mr Nicolas GENDRIN, Family and Youth Judge at the Court of First Instance in Namur The exercise of parental authority; organising accommodation and investigative measures Ms Nathalie UYTTENDAELE, Lawyer at the Brussels Bar 16: Procedural aspects regarding: - State/status of persons (filial status) and choice of nationality - Marriage license/sham marriages - Divorce/cancellation of legal cohabitation - 4 -

5 18:15 End Ms Nathalie UYTENDAELE, Lawyer at the Brussels Bar Diner 3) Wednesday, 26 October 2016 Breakfast Procedural aspects relating to the estate - rights in property arising out of a matrimonial relationship - inheritances Coffee break Mr Jean-Louis RENCHON, Professor at KU Leuven and Saint-Louis University, Brussels, Lawyer at the Brussels Bar The developmental psychology of children and minors, their constitution and needs according to their age Mr Hubert BOUTSEN, child psychiatrist, family therapist, head of therapy at Dinant Mental Health Service Lunch Judges attitudes and tools for diagnosing and managing conflicts during a hearing - Techniques relating to mediation; conciliation; interactive debates - Tools for resolving conflicts - Ms Evelyne MEISSIREL, lawyer and accredited mediator Coffee break Judges attitudes and tools for diagnosing and managing conflicts during a hearing continued - Sending a dispute to the amicable settlement chamber Ms Véronique DEHOUX, Judge at the Walloon Brabant Court of First Instance, Nivelles district Evaluation of the family module End - 5 -