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Home Family law

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

Dominick Rios by Dominick Rios
March 15, 2019
in Family law
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IRELAND’S FAMILY LAW device is creating 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 submissions on reforms to Ireland’s family regulation system, including pointers from Special Rapporteur on Child Protection Dr Geoffrey Shannon. Shannon will tell the committee that the common law opposed gadget is “tremendously unsuited” for these kinds of the case 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 the ability for greater flexibility in the circle of relatives law as the attention of dad and mom is more likely to be on kids’ desires.  The committee will even listen from representatives from Men’s Voices Ireland who will inform TDs and Senators that youngsters may be “used as pawns in custody battles”.

 

“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 centre degree while the child’s welfare needs to be paramount and his/her fundamental proper to recognise 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 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 now not be operating or operating component-time, and might fall below the manner threshold. “Therefore if the relationship broke down she could be eligible for prison useful resource however he might not. That offers rise 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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