Oireachtas Joint and Select Committees

Wednesday, 13 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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Before I move on to the next question, I would say our understanding of domestic violence is that it is complex but the legislation and the response are becoming more sophisticated. On a criminal basis, domestic violence requires proof beyond reasonable doubt. Where it is not proved but people are subject to domestic violence, forcing them into mediation would be seriously re-traumatising and, ultimately, they might be successful in proving it. Even if they are not, the question still arises. My sense is that it is not appropriate.

The other witnesses can correct me if I am wrong but I believe they have offered a view on the specific topic of automatic guardianship. It was also spoken about by Treoir last week. I ask Dr. Shannon, FLAC and Dr. Burns whether they have a view on it. When the Law Society spoke about this it hedged its bets. Perhaps that is not fair but it stated it is too soon and it wants to see what effect the most recent legislative changes on the presumption have had. What are the views of the witnesses on a presumption of automatic guardianship?