Tuesday, 21 February 2012 07:57
Childrens' rights are paramount
Once a couple separates, the question comes up about how often the children will see their parents.
This is often seen as how often the parents will "have access". Questions of joint custody and guardianship get bandied around.
One parent starts feeling left out and deadlock is the result. The practice of Family Law is hugely centred on resolving this type of issue.
You can look at the problem as a parent's right to see their children of you can see it as the child's right. This is an important distinction and colours the way its dealt with.
In Australia, there is a policy of giving parents equal time with their children. This has led to parents applying to court over inequalities in time spent by one parent. This takes the focus completely off the child. The question becomes the rights of the parent.
When a suggestion that this be introduced in England was made, this precise objection was made.
Here in Ireland, a referendum is to be held on the rights of children.
This will relate to children in care and child protection issues but its hoped that the scheme of "access" to children will also be reviewed.
Minister for Children, Frances Fitzgerald has been active in obtaining answers to questions on statistics of children in care and how many have Management plans.
We await further details on the text of any referendum.
This is often seen as how often the parents will "have access". Questions of joint custody and guardianship get bandied around.
One parent starts feeling left out and deadlock is the result. The practice of Family Law is hugely centred on resolving this type of issue.
You can look at the problem as a parent's right to see their children of you can see it as the child's right. This is an important distinction and colours the way its dealt with.
In Australia, there is a policy of giving parents equal time with their children. This has led to parents applying to court over inequalities in time spent by one parent. This takes the focus completely off the child. The question becomes the rights of the parent.
When a suggestion that this be introduced in England was made, this precise objection was made.
Here in Ireland, a referendum is to be held on the rights of children.
This will relate to children in care and child protection issues but its hoped that the scheme of "access" to children will also be reviewed.
Minister for Children, Frances Fitzgerald has been active in obtaining answers to questions on statistics of children in care and how many have Management plans.
We await further details on the text of any referendum.
Published in
Family Law
