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Special Committee on the Judicial Separation And Family Law Reform Bill,1987 debate -
Wednesday, 11 May 1988

NEW SECTION.

I move amendment No. 2:

In page 4, before section 1, to insert the following new section:

2.—(1) Where, on an application under section 1 of this Act, the court is satisfied that any of the grounds referred to in subsection (1) of that section which have been relied on by the application have been proved on the balance of probabilities, the court shall, subject to subsection (2) of this section and section 4 of this Act, grant a decree of judicial separation in respect of the spouses concerned.

(2) (a) Where there are, in respect of the spouses concerned, any dependent children of the family, the court shall not grant a decree of judicial separation unless the court—

(i) is satisfied that such provision has been made, or

(ii) intends by order upon the granting of the decree to make such provision,

for the welfare of those children as is proper in the circumstances.

(b) In this subsection—

‘dependent children of the family' has the same meaning as it has for the purposes of Part II of this Act;

‘welfare' comprises the religious and moral, intellectual, physical and social welfare of the children concerned.

(3) Upon the granting of a decree of judicial separation by the court, the court may, where appropriate, by order give such directions under subsection (2) (a) of section 11 of the Guardianship of Infants Act, 1964, as it thinks proper regarding the custody of, or right of access to, an infant (being an infant within the meaning of that Act) as if an application has been made under that section.".

Amendment put.
The Committee divided: Tá, 7; Níl, 8.
Amendment declared lost.
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