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. Frank McGlynn:

To go back to the question about the 50:50 split, obviously, cases and circumstances vary. We believe a 50:50 split should be the starting point. Dr. Róisín O'Shea has mentioned that there seems to be a standard formula trotted out without taking various circumstances into account. It runs along the lines of an overnight stay every weekend and one midweek. This seems to be a formula judges use without taking icircumstances into account. Our view is that a 50:50 split should be the starting point and that if anybody wants to deviate from it, he or she should make a case for doing so, taking into account such factors as working requirements, availability to look after the children, etc.

Dr. Shannon made a point about the language used in the case of children. He referred, in particular, to the use of the word "custody".

I am not aware whether there is a constitutional impediment to getting rid of this language but to me it is inflammatory. It implies a superior parent and an inferior parent and we should get rid of the word "custody". The only other time we use the word "custody" is when we speak about criminals being brought to prison. We really should change the language.