Vol. 466 No. 6
15 Mr. Haughey asked the Minister for Equality and Law Reform his views on whether Parental Equality is endeavouring to redress a very serious social problem vis-à-vis injustices against separated fathers in relation to custody and continuing relationships with their children following marriage breakdown; and if he will make a statement on the matter. [11886/96]
58 Mr. Broughan asked the Minister for Equality and Law Reform if his attention has been drawn to a recent discussion in the media regarding the unfair treatment of separated fathers as regards custody and access to their children in circumstances of marriage breakdown; the proposals, if any, he has to deal with this serious social problem; and if he will make a statement on the matter. [12347/96]
59 Mr. Broughan asked the Minister for Equality and Law Reform in view of his meeting with Parental Equality, his views on whether this organisation is trying to redress a serious social problem vis-à-vis injustices against separated fathers in relation to custody and continuing relationships with their children following a marriage breakdown; and if he will make a statement on the matter. [12348/96]
60 Mr. Broughan asked the Minister for Equality and Law Reform in view of his recent meeting with Parental Equality, whether he agrees that the current practice in the courts of awarding sole custody to mothers in the vast majority of cases is causing severe hardship to some fathers and children; his views on whether joint custody best serves the interests of most parents and children; and if he will make a statement on the matter. [12349/96]
61 Mr. Broughan asked the Minister for Equality and Law Reform his views on whether Parental Equality, the joint custody and shared parenting support group, is providing a valuable social service in providing help, advice and support to separated fathers whose relationships with their children is damaged or threatened by current court practices of granting sole custody to mothers and minimal access to fathers in cases of separation; if he will provide funding for this organisation which currently is funded entirely by its members, many of whom are in very difficult financial circumstances; and if he will make a statement on the matter. [12350/96]
I propose to take Questions Nos. 15, 58, 59, 60 and 61 together.
The Minister is aware that Parental Equality has, as one of its objectives, promotion of the concept of shared parenting of children in cases where parents separate. He welcomes the work it is doing in this area. However, there is no provision in his Department's Estimates for the funding of organisations such as Parental Equality. The organisation has made representations to him on the subject of shared parenting and he has discussed its concerns with it. The matter is not without some difficulty and it would be misleading to suggest that there are easy solutions by way of any changes in the statutory provisions which apply.
In the course of his reply to Question No. 41 on 26 March 1996, the Minister set out the context in which the present law operates and how the best arrangements for children can be aimed at by parents following the breakdown of their marriage. In deciding issues concerning the custody, guardianship or upbringing of a child the court must, under the Guardianship of Infants Act, 1964, regard the welfare of the child as the first and paramount consideration. That important criterion, which is common to many other jurisdictions, is a matter which falls to be dealt with by the court in the context of all the circumstances of each case.
In the absence of agreement between the parents, the court will inevitably have to make hard and difficult decisions and almost always it will include the granting of custody to one parent and access to the other parent. That is the arrangement which seems to work well in most situations where each of the parents co-operates fully with the terms of the court order. The court may grant joint custody of the child to the parents and his understanding is that it has done so in some cases. Moreover, orders made by the court regarding the custody of a child or the right of access to a child are not final and may, upon application by either parent, be varied by the court if it is in the best interests of a child that a variation order be made.
Of course, the best arrangement for all concerned is normally the one agreed by both parents without the need for court intervention. The law is fully supportive of those arrangements. Where judicial separation proceedings are in question, there is an obligation on solicitors to advise their clients of the possibility of entering into an agreement on the terms of their separation, including what should happen to the children. The courts may adjourn separation or custody proceedings to allow parties to work out agreements in relation to their children. The Family Mediation Service may be of assistance and is being developed to extend its services nationwide. Where the parties are entitled to legal aid the Legal Aid Board will, through its law centres, be in a position to assist parties in the drawing up of agreements.
The Minister is bringing forward proposals to Government to update aspects of the law in relation to children, including guardianship. The details of those changes, including any changes in relation to the subject matter of these questions, will be announced in the normal way in due course. He will be glad to take into account any further representations which he may receive on the subject.
Will the Minister agree that the position in the workplace has changed in recent years in that the number of women participating in it has risen dramatically to approximately 35 per cent and is continuing to rise? This will lead to a new situation where the position of both parents will have to be considered. The Minister said that the welfare of the child is of paramount importance, and we all agree with him. However, many men feel aggrieved and believe that the system operates against them. I accept that in the majority of cases it is the man who is at fault, but the men who visit our clinics believe they do not get an equal share even though they do everything correctly. I believe this is the point about which Parental Equality is concerned. Will the Minister ensure that the issue of parental equality is given consideration in the preparation of the legislation?
The Minister is very supportive of this point and some time ago he met similar groups who expressed the concerns outlined by Deputy Woods. In reply to an earlier question we referred to the need to change attitudes in terms of equal opportunities for women in the workplace. There is an increasing need to change attitudes with regard to the positive parenting role men can play as fathers. There is a traditional presumption that the mother is the better or more responsible parent in all cases. Clearly this is not the case, and in some instances great harm and hardship has been caused to very responsible fathers who were deemed by the courts not to be responsible on the basis of the presumption that the mother was more responsible. This is part of the thrust of the case being made by this organisation and others. This matter will be taken fully on board in the reform of the Guardianship of Infants Act. This is fully in line with the commitment to equality enunciated by the Minister for Equality and Law Reform on numerous occasions.
It is very important that the role of fathers as parents is acknowledged. We all know fathers who have virtually been excluded from the rearing of their children. The mores within society which expect women to have the only parenting role mitigate against men who are exceptionally good fathers. I was very glad to hear the Minister say that this matter would be addressed in the reform of the Guardianship of Infants Act.
I welcome the Deputy's comments. It is the intention of the Minister for Equality and Law Reform to address this matter when the legislation is brought before the House.
