Dáil Éireann Debate, Tuesday - 23 April 2024
36. Deputy Pauline Tully asked the Minister for Justice if she will consider reviewing the penalties that can be issued by a judge for non-compliance with a court order (details supplied) in family law cases; and if she will make a statement on the matter. [17814/24]
Amharc ar fhreagraThe Deputy will be aware that Article 42A.4 of the Constitution requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.
Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question.
Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding the custody of a child or the right of access to the child.
There is provision in law to assist parents who need to return to court because the other parent has breached a court order in relation to custody of, or access to, a child.
Section 18A of the Guardianship of Infants Act 1964 provides that where a parent or guardian of a child has been granted custody of or access to the child under that Act, but he or she has been unreasonably denied such custody or access by another guardian or parent, that person may apply to court for an enforcement order.
The court shall make an enforcement order only where the court considers that custody or access was unreasonably denied, that an enforcement order would be in the best interests of the child, and that it is appropriate in the circumstances of the case to make an enforcement order. An enforcement order may provide for:
• granting the applicant additional time with the child to help rebuild or strengthen their relationship if it has been disrupted by the denial of custody or access;
• requiring the parent or guardian who denied access to reimburse the applicant for any necessary expenses he or she incurred in trying to exercise his or her right to custody or access;
• requiring either, or both, the applicant and the parent or guardian who denied custody or access to attend a parenting programme or avail of family counselling, or to receive information about the possibility of availing of mediation.
The court may not make an order granting additional time with the child unless the child has had the opportunity to make his or her views known and the court has taken them into account.
As regards criminal penalties, section 5 of the Courts (No. 2) Act 1986, as amended, provides that, without prejudice to the law as to contempt of court, any person having the actual custody of a child, who has been given or shown a copy of a custody or access order made by the District Court relating to that child and who fails or refuses to give up the child to the person who has been granted custody or to allow the person entitled to access to have such access, shall be guilty of an offence and shall be liable on summary conviction to a Class B fine (not exceeding €2,500), or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or both.
In relation to orders under the Domestic Violence Act 2018, as the Deputy is aware I have made the welfare of victims of domestic violence a key focus during my time as Minister for Justice
Section 33 of the Domestic Violence Act 2018 provides for offences in relation to safety orders, barring orders, interim barring orders, emergency barring orders and protection orders. It is an offence for the person against whom the order was made to contravene the order, or to refuse to permit the person who applied for the order to enter in and remain in a place to which the order relates. The penalty for the offence is, on summary conviction, a class B fine (€4,000 maximum), imprisonment for a term not exceeding 12 months, or both. These are summary offences and are dealt with at District Court level.
In fulfilment of an action in the Family Justice Strategy, the Review of the Enforcement of Child Maintenance Orders was published on 7 January 2024. The Review examined how the current enforcement process works, the challenges associated with it and areas which may require reform.
The review contains 26 recommendations on how the current system can be improved, and work is underway to implement those recommendations without delay. This includes the establishment of an interdepartmental committee to examine the development of a set of child maintenance guidelines. The work of this committee is underway.
Amongst other actions, the Review also recommends: the introduction of a single enforcement procedure, where the receiving parent makes an application and the judge can choose the most appropriate enforcement option based on the circumstances of the case; that paying parents should pay costs associated with enforcement proceedings; and the bench warrant process be reformed and simplified.
I can assure the Deputy that all of the legislation within the ambit of my Department is kept under review on an ongoing basis.
