Oireachtas Joint and Select Committees

Thursday, 5 March 2015

Select Committee on Justice, Defence and Equality

Children and Family Relationships Bill 2015: Committee Stage

9:30 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I want to raise some serious issues about this action. I will reference it as (2A) in section 86(b), though it is cross-referenced as section 42(b)(2A). Under this provision the Circuit Court or the High Court can make a lump sum order that is unlimited in amount. It can be an order made instead of, or in addition to, a periodical payment order. How will this work in practice and is it adequate? The amendment of sections 41 and 42 of the 1995 Act is not adequate and does not go far enough. I direct my attention to a child born outside marriage because in a marital family there is no difficulty about lump sum orders in other provisions in our family law legislation. My example involves an unmarried couple who reside together for a period, a child is born and the father makes off. Let us assume the father is reasonably wealthy and owns a number of properties or substantial assets and he may well be able to afford a house for his child if the court orders a lump sum payment including an element for the accommodation of the child. Does this section envisage a provision for a sufficiently large sum of money to buy a home for the child in these circumstances? In mirror circumstances, if a marriage broke down, would a spouse be required to buy a home for the other spouse and child?

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