Richard Bruton (Dublin North Central, Fine Gael)
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Question 218: To ask the Minister for Justice, Equality and Law Reform his views on whether there is scope for introducing less adversarial arrangements for handling issues of access and custody in relation to children. [32078/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Policy in the law as it stands is that it is in the best interest of all concerned when parents can agree the arrangements for custody of and access to their children, rather than have the courts decide the matter. The Children Act 1997, by way of amendment of the Guardianship of Infants Act 1964, places emphasis on alternative dispute resolution mechanisms involving counselling and mediation to assist agreement on the issues of custody, guardianship or access. The Act obliges the legal representatives of the parties to discuss the alternatives with them before the institution of proceedings. The court may adjourn any proceedings to assist agreement between the parties.

The Family Support Agency, operating under the aegis of the Department of Social and Family Affairs, following the enactment of the Family Support Agency Act 2001, brings together programmes designed to support ongoing parenting relationships for children. Its functions include the provision of a family mediation service, both directly or through support for others providing these services, and the administering of grants for such purposes.