Children’s Ombudsman & Courts Service in joint initiative to assist separating parents & their children

Over the next three months, Ombudsman for Children’s Office and the Courts Service will be working together on a project that aims to strengthen awareness and understanding among separating parents of key aspects of District Family Law Courts proceedings and of alternatives to court in order to address issues including those relating to parenting arrangements; and support children to have their voices heard in this process. A significant number of separating parents considering making an application to the District Family Law Courts do so without legal representation.

Taking into account relevant provisions of the Guardianship of Infants Act, 1964 and the provisions of the proposed Article 42A of the Constitution, the Ombudsman for Children’s Office and the Courts Service also aim to develop child-sensitive methods of supporting children of separating parents to understand the separation processes and where appropriate to express their views on issues affecting them.

It is anticipated that these materials will include a short film, and will be produced by the end of May. In order to ensure that the materials meet the needs of separating parents and their children effectively and appropriately, the Ombudsman for Children’s Office and the Courts Service will consult directly with separated parents and children who have previous experience of separation.

Ombudsman for Children, Emily Logan said: “Over the past 9 years my Office has received a significant number of complaints from children and their parents about issues that arise during separation proceedings. While separation proceedings are outside of our complaints and investigation remit, I do have a statutory obligation to promote children’s rights and welfare and to consult children about issues that affect them. I believe it is important that at such stressful time, both parents and children are supported in making whatever is the best decision for them. I hope that the project we are undertaking with the Courts Service will help children and their families to better understand the separation process and be well informed about the options available to them.”

Brendan Ryan, CEO, Courts Service said: “The Courts Service is very aware of the effects of court proceedings on everyone involved – especially in the area of family law. This particularly affects young people who endure a dramatic change in their life circumstances as their parents split. This might be further aggravated if the children are required to give evidence. Anything by way of information or familiarity with the process of separation or court is to be welcomed as a means of lessening stress for young people. The act of separation will always be a period of stress for children: but an explanation and understanding of the process can be used so as to not further add to it. This project will hopefully diffuse some of the mystery and worry for the children involved”.

Note:

The Ombudsman for Children’s Office (OCO) is an independent statutory body that was established under primary legislation – the Ombudsman for Children Act, 2002 – and has an overall mandate to promote and monitor the rights and welfare of children up to 18 years of age living in Ireland. Since its establishment, the OCO has heard directly from thousands of children, parents and professionals working with or on behalf of children. One area of concern that is regularly brought to Office’s attention by parents, and occasionally by children themselves, is family law and, in particular, matters concerning guardianship, custody, access and maintenance.

The Courts Service was established as an independent corporate organisation in 1999 following enactment of the Courts Service Act, 1998. Among the functions of the Service are to manage the courts, provide support services for judges, provide information to the public on the courts system, and to provide facilities for users of the courts.

In the context of performing its functions, it has come to the attention of the Courts Service that a significant majority of separating parents who are considering making an application to the District Family Law Courts have no legal representation and, in many cases, have very limited awareness of both the courts process and alternative mechanisms that may be able to support negotiation of separation agreements and resolution of key issues affecting separating parents and their children, including parenting arrangements.

• 1 March 2013
• Type: Press Release
• Topic: Children in Care, Family Law