Dáil debates
Wednesday, 11 July 2012
Family Law Cases
4:00 pm
Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
I thank the Minister for his comprehensive answer. I will table parliamentary questions on the delays on maintenance. I thank him for introducing legislation on family courts, particularly with regard to the in camera rule.
The criminal justice system has the potential to make criminals out of victims. In particular I ask the Minister to examine the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Bill which will make it an offence to withhold information. Often in circumstances of domestic violence the mother lacks the capacity or courage to report the abuse of her child. This rule should not be applied too rigidly in domestic violence situations. I accept it is the job of parents to protect their children but for some women this is not possible. A woman who has been the victim of domestic violence often cannot protect herself or her child. To apply this rule too rigidly would make criminals out of mothers. I am also concerned that abused women will stop seeking advice from support groups such as Women's Aid or their friends and family. People will keep their situations secret to avoid reporting.
In the past the Probation and Welfare Service worked with the District Court family law courts. The relationship between the probation services and the courts ceased and no other agency was put in place to deal with these issues. As a result judges are often placed in an impossible situation. They need to determine the issue of access without the views of the child being heard. To make matters worse, if an order for access is not being obeyed it is the mother's fault. The mother is summoned before the court and may be committed to prison for breaching the order, again making a criminal of the victim.
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