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:

In answer to the Deputy's question, the way the Family Law Act 1995 is structured does not encourage mediation. It creates, instead, the expectation that the woman will get the house and the children. That does not encourage mediation and that is why we make a plea for the Family Law Act 1995 to be changed. I refer to section 10 in particular. That needs to be changed to create a more level playing field in which mediation would be more likely to occur. On the other statements made regarding mediation, I understand that in New Zealand mediation is expected to take place. A poor view is taken of people who ignore that and prefer to go to law straight away. Finally, another innovation we have put forward is the introduction of a families in transition programme as operates in some US states. The families in transition programme helps couples to develop skills needed to navigate the issues of divorce and separation. We think that could play a very positive role in preparing the ground for the mediation process and accelerating its success.

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