Seanad debates

Wednesday, 23 February 2005

10:30 am

Sheila Terry (Fine Gael)

Under the divorce legislation enacted in 1997, couples must live apart for four of the five preceding years before they may apply to divorce. On 1 March, an EU directive will come into force in Ireland which will allow a spouse who has been living in another jurisdiction for one year to apply for a divorce which, if granted, must be recognised in the State. More worryingly, foreign courts will for the first time be permitted to grant child custody orders to persons who have been living in another jurisdiction for one year even if the children in question have been habitually resident in Ireland. The children may be those of married or unmarried parents. The directive represents a worrying step for many people and involves very broad provisions, especially relating to children.

My concern is that the issue has not been properly debated. I have not been involved in any debate on the matter, nor had I heard it mentioned before yesterday when it was brought to my attention. I ask the Leader to ask the Minister for Justice, Equality and Law Reform to attend the House to outline the impact of the directive. While the directive will, as Irish law, seriously change our divorce legislation, I am most concerned about the children who may become the subject of custody orders granted to parents living in other jurisdictions. I would like a debate as a matter of urgency.

Comments

No comments

Log in or join to post a public comment.