Dáil Éireann Debate, Thursday - 10 December 2020
9. Deputy Niamh Smyth asked the Minister for Justice if she will address the issue of parent alienation; if her attention has been drawn to this issue; her plans to address same; and if she will make a statement on the matter. [42208/20]
View answerI hope that the Minister will address the question of parental alienation, which is arising more and more in family courts and the Courts Service as a whole. Will she outline how the Department will deal with it?
We need an overhaul of the operation of the family justice system to ensure that it becomes more efficient, that our courts are more family-friendly and that we put the family at the centre of all the work done.
I am very much aware of the concerns that the Deputy has raised about parental alienation. This is a very complex area and, like her, I have met many people who have raised concerns about it. This is something I want to consider as part of our wider programme of family law reform. I intend to arrange for research to be carried out by my Department early next year on this. Changing the legislation is not the only option and there may be other appropriate interventions that need to be done at an earlier stage to deal with different types of behaviours. The best interests of the child will of course be paramount in any considerations, whether they relate to legislative change or other types of measures to try to work with and support families.
A family justice oversight group has recently been established in my Department. In addition to officials, the membership of this group also includes representation from the Judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth. The group held its first meeting in September and has been tasked with driving progress on the development of a national family justice system. This is a high-level group that will co-ordinate the delivery of the various elements of this project and I will meet the group again in the morning.
The Oireachtas joint committee recommended that consideration should be given as to whether laws should be amended to take into account cases where one parent is wrongly influencing a child or children against the other parent. The family oversight group that has been established will consider this recommendation, as well as others, and it will also consider the research being commissioned by my Department in the new year.
A family court Bill is being drafted, following approval of the general scheme by the Government. The family court Bill is a commitment in the programme for Government and when enacted it will be a key element in the development of a more efficient and family-friendly court system that puts families at the centre of its activities, providing access to specialist supports and encouraging, in a most important way, the use of alternative dispute resolution in family law proceedings. The development of a comprehensive and sensible family law procedure, particularly for vulnerable families, will be central to this new system.
Additional information not given on the floor of the House
In the preparation of the general scheme of the family court Bill, account has been taken of the report of the Oireachtas Joint Committee on Justice and Equality, which published its report on reform of the family law system just a year ago.
There is no specific legislative provision regarding parental alienation in Irish family law but section 246 of the Children Act 2001 provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or well-being. There are also legislative provisions in place to deal with child welfare, particularly regarding the relationship between a child and his or her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues.
Parental alienation is probably one of the most severe forms of emotional abuse. Last May, the World Health Organization officially recognised parental alienation syndrome for the first time, deciding to include it in the 11th revision of the International Classification of Diseases, coming into effect in 2022.
When a couple splits and the people go their separate ways, it is so important that children born into the relationship do not become the collateral damage of a very acrimonious break-up. Our family court services must have in place resources and expertise to prevent the manipulation of one child or children to reject his or her father or mother, so will the Minister comment on that? Our justice system must ensure that one parent cannot wrongfully influence a child or children against the other parent and cause untold and permanent damage to a relationship. The parents who are at the receiving end of parental alienation may be deprived in many cases of seeing children for long periods so we must have supports to ensure that their mental health is catered for as well.
When any couple or family decides to separate, it is a difficult position, and when children are involved it can be even more difficult. This is particularly the case with the involvement of young children. We have all engaged and met with constituents and people who have gone through such difficult experiences. It is really important that the right supports are given to those families by agencies at a very early stage.
I have said that we must reform the family court structure and often when a case gets to court, the problem has gone too far and an adversarial scenario may have developed.
What we need to do is try to provide support at a much earlier stage and that is why there will be a much greater focus on mediation.
On parental alienation, the WHO guidance clearly states that incorporation of the description does not indicate WHO endorsement or any sort of formal recognition but the very fact that the WHO has mentioned it is obviously a signal. It is a very complex area, which is why more research is needed. It is something that I want to act on because there are undoubted problems here.
I hope that the review, negotiations and the work of the stakeholders involved will bear fruit for the parents who find themselves in acrimonious break-ups. I am delighted to hear that children will be first and centre in all of the mediations and discussions. As the Minister has quite rightly said, early intervention is key in preventing children from being isolated in the context of the wrongful influence of one parent against the other. I welcome the Minister's response and encourage her to move the process, engagement and round-table conversation with the stakeholders forward as quickly as possible. We must ensure that our family court services have the expertise at the table to deal with these situations and that the right supports are in place. Parents who are at the receiving end of parental alienation are undergoing untold mental health problems and supports must be put in place for them.
One of the things that has struck me at the last few meetings I have had on the development and modernisation of the family law system is that it is not just about new courts, judges or systems but also about making sure that ancillary supports are provided as well. We must ensure that it is not just the physical environment that is conducive to helping families to get through very difficult situations but that all of the supports are around them as well. As Deputy Smyth said, it is not just about going through the court system but also about making sure that support is provided during what can be a very traumatic time.
In terms of parental alienation, we must look at all avenues. Several countries have looked at the possibility of legislating in this area, including the UK. Indeed, it looked at it twice but both times decided against legislation. Brazil is one of the only countries in which parental alienation is a criminal offence. We need to look at this carefully. The upcoming research and review will look at what has been done in other jurisdictions, as well as the resources available to us now, the people we have in place, where they are working and how to make sure supports are provided to families, not just in terms of the physical built environment but also the structure of the court system itself.
