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Child Abduction

Dáil Éireann Debate, Tuesday - 16 April 2013

Tuesday, 16 April 2013

Questions (881)

Nicky McFadden

Question:

881. Deputy Nicky McFadden asked the Minister for Justice and Equality the measures taken to address the issue of parental child abduction; his views on the role that mediation can play in reaching lasting agreements; if he will provide an update on the current status of the Mediation Bill; and if he will make a statement on the matter. [16178/13]

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Written answers

As the Deputy is probably aware, there are a number of international and EU instruments which provide for the return of children who have been wrongfully removed from one contracting State to another, or wrongfully retained in another contracting State. Through these instruments, a network of Central Authorities has been established in Contracting States to facilitate applications for the return of these children. The Central Authority for International Child Abduction is part of my Department and can be contacted for assistance at 01/4790200 or by e-mail internationalchildabduction@justice.ie.

Mediation remains the best way for estranged parents and spouses to resolve their differences and reach lasting agreements that work in the best interests of the children involved. Following a Government Decision, on 1 November 2011, the Family Mediation Service became part of the Legal Aid Board. This service can help families resolve their differences before they escalate into a possible child abduction situation or the family has to resort to the Courts to solve their differences. I would encourage any family in such a situation to access these services and to do so as soon as possible.

It is my intention to bring forward, later this year, a Mediation Bill to promote mediation as a viable, effective and efficient alternative to court proceedings in civil and commercial cases, thereby reducing legal costs and speeding up the resolution of disputes. The legislation, which is currently being drafted, will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative invite parties to consider mediation and suspend the proceedings to facilitate the mediation process.

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