Oireachtas Joint and Select Committees
Wednesday, 13 March 2019
Joint Oireachtas Committee on Justice, Defence and Equality
Reform of Family Law System: Discussion (Resumed)
Mr. David Walsh:
We strongly support the case made by Treoir for automatic guardianship rights for unmarried fathers and the need for a central register for these documents. In the tussle between competing parental rights the rights of the child are being lost. Instead we emphasise the principle of equal rights for both parents. Current practice puts the adult centre stage, whereas the child's welfare and fundamental right to know and spend time with both parents should be paramount.
At the hearing on 6 March reference was made to a case in which a father was alleged to be violent and denied access as a result. Apart from the fact that such an allegation does not need to be proved beyond a reasonable doubt in a civil court, a father still retains his right be a father to his child, as one judge affirmed recently in Dolphin House. However, this is not common practice. Once again, it underlines the need for clear parenting guidelines and compliance with them.
We also strongly support the case made for mediation where domestic violence is alleged, not only for the reason outlined. The term "domestic violence" covers a wide range of behaviour, from physical violence to abusive behaviour, including emotional and psychological abuse. We know from a wealth of sources that approximately 50% of domestic violence is reciprocal. It is engaged in by both parties. In such instances there is not an identifiable mutually exclusive pair of victim and perpetrator. That crucial point is not recognised. There are many surprising findings about domestic violence which are relevant and not known but which are listed in the sources cited in our written submission, on which we would be happy to expand, if required.
Parental alienation is recognised as a serious problem by a number of commentators. In a Dáil debate on 25 February 2015 two Deputies referred in graphic terms to parental alienation. One stated:
There is an enormous problem, where people are estranged, of the primary custodial parent, who most often is the mother, deliberately obstructing fathers from accessing children. They are using children as pawns, going to war with fathers, causing some fathers to have nervous breakdowns, and destroying relationships deliberately between children and fathers.
Hearing the voice of the child sounds attractive, but it needs to be approached with great caution. As one expert has said, it is a question of differentiating between the expressed wishes of the child and his or her ascertainable wishes and feelings. This requires expert professional advice. The issue is covered in much greater detail in the written submission made by Nemo Forum.
I refer to fatherlessness or father absence. It is a huge problem, the importance of which has not been sufficiently recognised. There is ample evidence that children, especially boys, suffer from a range of behavioural problems. The US academic Professor Sara McLanahan found negative effects of father absence on outcomes in educational attainment, mental health, relationship formation and stability, as well as later success in the labour force. Boys who grow up without a father are twice as likely to end up in jail as those from two-parent families. Professor McLanahan found strong evidence that father absence negatively affected children's social-emotional development and the effects were more pronounced in boys than girls. The US academic Dr. Warren Farrell gave the following warning in 2015: "Prisons are centres for dad-deprived boys." This shocking statement underlines the importance of fatherhood. We neglect it at our peril. The issue of father absence needs to be moved far higher up the agenda than where it lies.
We thank the joint committee for its attention and stand ready to take questions.
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