Written answers

Tuesday, 7 July 2020

Department of Justice and Equality

Courts Service

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein)
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639. To ask the Tánaiste and Minister for Justice and Equality if she will clarify the requirement to uphold shared care of children arrangements under the current Covid-19 restrictions; and if she will make a statement on the matter. [14338/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I appreciate the concerns that the public health emergency is causing for many families in relation to court orders for access. The welfare of the child is paramount and parents continue to be responsible for ensuring their children’s welfare.

While setting the terms of court orders and related proceedings are matters proper to the courts, which neither I nor my Department are involved in, it is important to point out that court orders in relation to access remain in place and the restrictions brought in to tackle Covid-19 do not stop them being implemented.

During this time, however, there may be instances where it is impossible for couples to adhere strictly to the terms of an order and the HSE has issued detailed guidance on Covid-19 which includes information for people with particular health risks.

The President of the District Court has clarified that parents could come to mutually agreed arrangements for alternative contact, which could involve phone calls, or skype etc., such agreement being noted by email or text message.

It is also important to note that if parties cannot agree on an alternative arrangement, mediation services are still available and should be used. The Family Mediation Service of the Legal Aid Board is offering free telephone mediation and conflict coaching. More details about this service can be found at www.legalaidboard.ie, while other free parent support services which provide help and advice are available from www.onefamily.ieand .

In relation to recourse to the courts, the President of the District Court announced on 8 May that Applications and hearings for breach of maintenance or access that have occurred during the emergency period or applications and hearings for temporary guardianship orders can now be dealt with.

The Courts Service is also developing a family law business roadmap which has the aim of expanding the amount of business that can be safely transacted in the family courts later in the year. Court offices remain open by appointment only for essential business but are available to answer phone and e-mail queries.

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