Mr. Damien Peelo:

Treoir acknowledges that there have been far-reaching changes in family law over the past five years. However, despite changes to the law, significant deficiencies exist in terms of how the system continues to operate and we deal with the consequences of this on a daily basis through our information service.

Two issues emerge in terms of the operation of the family court that we would like to highlight. One is the lack of information in the public domain. The second concerns access to legal advice and representation, and the question of economic inequality.

Twenty-five years ago, the Law Reform Commission report on the family law system noted that the structures for the mediation and resolution of family conflict were grossly inadequate. Fast forward to today, and the family mediation service remains under-resourced with people waiting from 12 to 26 weeks to get an appointment. Enough is not being done to ensure alternative dispute resolution, ADR, is properly resourced and available for parents, both pre-court and post-court. The failure to properly resource dispute resolution means that Ireland lags far behind other countries in establishing and sustaining shared parenting. As Dr. Barrington has said, Treoir believes all children have a right to know, to be loved by and to be cared for by both parents, where possible. Shared parenting gives children the possibility of a nurturing relationship with both parents and their extended families and works well if it is child-focused, rather than adult-focused.

In the Republic of Ireland, conflict between unmarried parents is often exacerbated by the fact that unmarried fathers do not have automatic guardianship rights. Even if his name is on the child's birth certificate, an unmarried father does not have rights in respect of his child and this creates inequality in terms of parental rights and responsibilities which often results in the parents going to court. The adversarial route clogs up the courts and leads to tension and conflict between the parents.

Treoir is calling for automatic guardianship rights to be extended to unmarried fathers whose names are registered on the child's birth certificate. This practice has been in force in Northern Ireland since 2002. It would also mean that we would have a national register for guardianship. When we think of our children and we talk about the future and children being our greatest asset, we do not have a system currently where we know who the guardians of children are.

I will say a little about the voice of the child. In 2019, people on low income remain at a clear disadvantage when it comes to the family law system. For example, those who qualify for legal aid must make a minimum contribution of €130, which is a substantial amount of money if one is dependent on welfare or a low-paid worker. This means that those who are less well-off often end up representing themselves in family law hearings. This delays the process, places more pressure on an already struggling court system and causes increasing tension between the parties.

Inequality between those who have the financial means to hire legal representation and those who do not is replicated again when it comes to the voice of the child. Article 42A.4.2° of the Constitution enshrined the right of children to have their views heard in guardianship, adoption, custody and access proceedings. Under the Children and Family Relationships Act 2015, the court has provision to appoint an expert to determine the views of a child or receive a report on any issues affecting that child. A fundamental flaw of this provision is that parents, regardless of their financial means, must pay for that report. People entitled to legal aid can get 50% of the expert report covered by the Legal Aid Board but it is still a substantial cost. Treoir is concerned that many parents on low income are not able to afford this, with the result that the constitutional right of the child to be heard is seriously compromised. Simply put, the lack of legal representation, the cost of the expert report and the socio-economic situation of parents have a considerable impact in determining access in full to the family law system.

I want to say a little more about the information deficit. A recurring theme from our work is the lack of knowledge among the population about the family law system.

There is confusion about the meaning of guardianship and the extent and limits of people’s rights concerning access, custody and maintenance. More worryingly, Treoir has identified a significant gap in knowledge of family law among members of An Garda Síochána, the legal profession, social workers and the Judiciary, as we have heard from other submissions. This is compounded by a pronounced geographical variation in how the system operates, especially with regard to the haphazard use of a very important document called the statement of arrangement for a child. We urge the committee to recommend that a circular be sent to all District Court judges emphasising the importance of this form and insisting that it is used. It is a very specific form that allows the judge to have a history of the circumstances of both parents.

Treoir urges the Minister to introduce a national public campaign on these issues. The Australian Government introduced such a campaign in a major review of family law in that jurisdiction. It has proved to be very successful in informing members of the public about their rights. In our submission we have listed five clear recommendations that Treoir believes will improve the family law system. They include extending guardianship rights to fathers whose names are registered on children's birth certificates; ensuring that the family mediation service is properly resourced, a system of alternative dispute resolution is introduced and shared parenting supports are resourced; and introduction by the Minister of a national public information campaign on key issues such as access, custody, guardianship, birth registration and maintenance. We also acknowledge that this terminology is outdated and needs to change.

I thank members for their attention. We are happy to take any questions they may have and continue to work with this committee and the Department of Justice and Equality to improve the system.