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Home Family law

Parents’ consciousness on ‘triumphing’ custody battles is harming Irish kids

Dominick Rios by Dominick Rios
April 5, 2026
in Family law
0

Ireland’s FAMILY LAW device creates a scenario wherein dad and mom may be extra targeted on triumphing than on what their children want; an Oireachtas committee will listen nowadays. The Justice Committee will continue this morning to pay attention to submissions on reforms to Ireland’s family law system, including pointers from the Special Rapporteur on Child Protection, Dr. Geoffrey Shannon. Shannon will tell the committee that the common law approach is “tremendously unsuited” for these kinds of cases, as “mother and father are focused on winning.” This may be psychologically negative for both the parents and their kids, according to Shannon.

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Shannon will inform the committee that mediation is one area wherein there may be greater flexibility in the circle of relatives law as the attention of parents is more likely to be on the children’s desires.  The committee will even listen to Men’s Voices Ireland representatives, who will inform TDs and Senators that youngsters may be “used as pawns in custody battles.”

Parents' consciousness on 'triumphing' custody battles is harming Irish kids 1

“Outcomes inside the own family courts are terrible for men, and this is well attested. Too frequently, it’s miles a winner-takes-all state of affairs in which the man is removed from the home, may also still pay protection and a mortgage as well as provide for himself,” in step with the organization.  Members will listen from David Walsh that the rights of youngsters are being lost “inside the tussle between competing for parental rights.”  “Current practice places the person at center degree while the child’s welfare needs to be paramount and his/her fundamental proper to recognize and spend time with both mother and father.” Walsh will also inform the committee that mediation is needed in cases where domestic violence is alleged as these allegations do “now not need to be proved beyond an affordable doubt in a civil court.”

Legal representation Last week, the committee heard from Dr. Carol Coulter, director of the Child Care Law Reporting Project, about an imbalance created by way of the criminal resource machine.  She said some fathers are just above the restricted threshold and can not have the funds to pay for criminal representation themselves.  “It is strictly a method examined, and a situation regularly arose wherein an operating father earning a modest salary changed into above the means threshold for the useful criminal resource while his wife, if she was a mother, might commonly not be working or working part-time, and might fall below the means threshold. “Therefore, if the relationship broke down, she could be eligible for prison useful resource; however, he might not. That leads to inequality of hands in prison complaints and is, in reality, unfair.” Coulter recommended disposing of or drastically increasing the means threshold at the same time as asking for a contribution from litigants.

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