Oireachtas Joint and Select Committees

Tuesday, 25 October 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Enforcement of Court Orders relating to Child Maintenance, Access and Custody: Discussion

Dr. Geoffrey Shannon:

My view is that there is an education issue, not just for solicitors but across the Judiciary as well. In a very recent decision of the High Court, the judge highlighted the fact that these provisions exist. I think that is a call to action that we should use these. The provision that has historically been used is the consent provision but there are other sanctions available, such as a cost sanction or requiring parents to go on parenting courses. Again, on the point made earlier, it is about bringing home the reality of refusing to facilitate access, which can be quite powerful. With regard to compensatory access, if someone refuses to facilitate access, they are penalised for that refusal by being deprived of access. These are new and creative ways of dealing with problems that are largely historic.

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