Special Committee on the Judicial Separation And Family Law Reform Bill,1987 debate -
Thursday, 9 Feb 1989

SECTION 37.

Mr. Collins

I move amendment No. 41:

In page 18, to delete lines 30 to 46, and substitute the following:

"37.—Section 11 of the Guardianship of Infants Act, 1964, is hereby amended by the addition of the following subsections:

‘(5) The court may, of its own motion or on an application under this section, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the infant.

(6) In deciding whether or not to request a report under subsection (5) of this section the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.

(7) A copy of any report prepared under subsection (5) shall be made available to the barrister or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.'.".

Amendment agreed to.

Section 37, as amended, agreed to.

NEW SECTION.

Mr. Collins

I move amendment No. 42:

In page 19, before section 38, to insert the following new section:

"38.—(1) Where the court grants a decree of judicial separation it may declare either spouse to be unfit to have custody of any dependent child of the family.

(2) Where a decree of judicial separation contains such a declaration, then, if the spouse to whom the declaration relates is a parent of any child of the family, that spouse shall not, on the death of the other spouse, be entitled as of right to the custody of that child.

(3) Section 18 (1) of the Guardianship of Infants Act, 1964, is hereby repealed except in relation to an action instituted before the commencement of this Act.".

Amendment agreed to.

Section 38 deleted.

NEW SECTION.

Mr. Collins

I move amendment No. 43:

In page 19, before section 39, to insert the following new section:

"39.—(1) Section 120 (2) of the Succession Act, 1965 is hereby amended by the deletion of the words from ‘against whom the deceased obtained a decree of divorce a mensa et thoro,’ to ‘and a spouse’.

(2) Subsection (1) of this section shall not have effect in relation to a decree of divorce a mensa et thorogranted in proceedings instituted before the commencement of this Act.”.

Amendment agreed to.

Section 39 deleted.