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Media to be allowed report on family and child care court cases


borntorum

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Minister for Justice Alan Shatter has announced that the government intends to amend the in camera rule to allow media reporting on family law and child care cases. At present the media and all other non-parties are excluded from court.

The legislation will amend the in camera rule to allow press access to the courts in family law and child care proceedings. They will be subject to a strict prohibition on the publication of any material which would lead to the identification of the people involved, and care will be taken to ensure that the best interests of children are protected.
On balance, I welcome this. The complete ban on reporting what goes on in family cases is not good for the administration of justice and for public confidence in the legal system. For the most part, it will show that the conspiracy theories of the likes of John Waters, that the family law system is institutionally anti-men, is baseless. On the other hand, it will help to keep some judges on the straight and narrow.

However, it's not without risks. I don't think there's a real danger in Dublin or Cork of being able to identify parties through the reporting of what goes on in Cork. However, in rural areas there are relatively few family and child care cases every year, and it certainly would seem more likely that nosy neighbours would be able to guess the identity of some of the parties referred to in the media. Overall though I think this is a price worth paying.

Reporting to be allowed on family law and child care court cases
 

artfoley56

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Good development alright. Will be interesting to see the reporting from dolphin house and the press' interpretation of DJs social workers and litigants generally
 

He3

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Will tax cases still be in secret?
 

Diawlbach

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It's incompatible with the "family taxations are secret" provisions in Shatter's bill, certainly.
 

Tea Party Patriot

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A welcome development, and with the rate of marital breakdown and the era of more casual relationships resulting in children it is an area of law that will effect more and more people. I think that it can only be a good thing to have the secrecy surrounding decisions lifted.
 

artfoley56

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It's incompatible with the "family taxations are secret" provisions in Shatter's bill, certainly.
now now D, its still a bill, i'm sure that when it gets some treatment from grown ups it will be a fine Act
 

Nemesiscorporation

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Minister for Justice Alan Shatter has announced that the government intends to amend the in camera rule to allow media reporting on family law and child care cases. At present the media and all other non-parties are excluded from court.



On balance, I welcome this. The complete ban on reporting what goes on in family cases is not good for the administration of justice and for public confidence in the legal system. For the most part, it will show that the conspiracy theories of the likes of John Waters, that the family law system is institutionally anti-men, is baseless. On the other hand, it will help to keep some judges on the straight and narrow.

However, it's not without risks. I don't think there's a real danger in Dublin or Cork of being able to identify parties through the reporting of what goes on in Cork. However, in rural areas there are relatively few family and child care cases every year, and it certainly would seem more likely that nosy neighbours would be able to guess the identity of some of the parties referred to in the media. Overall though I think this is a price worth paying.

Reporting to be allowed on family law and child care court cases
This is a long overdue development.

Now all they need to do is report on all the tax evasion cases.
 

Grey Area

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All Governments for the past 20 years have promised same to no avail. I would welcome it's introduction but I am of the opinion that this move, coming at this moment in time, is a blantant ruse to assuage the public fears for the administration of the new powers sought in the Childrens Referendum. A clear sign that the Yes side is becoming very concerned that their “shoo in” proposal maybe in trouble.
 
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EUrJokingMeRight

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Minister for Justice Alan Shatter has announced that the government intends to amend the in camera rule to allow media reporting on family law and child care cases. At present the media and all other non-parties are excluded from court.



On balance, I welcome this. The complete ban on reporting what goes on in family cases is not good for the administration of justice and for public confidence in the legal system. For the most part, it will show that the conspiracy theories of the likes of John Waters, that the family law system is institutionally anti-men, is baseless. On the other hand, it will help to keep some judges on the straight and narrow.

However, it's not without risks. I don't think there's a real danger in Dublin or Cork of being able to identify parties through the reporting of what goes on in Cork. However, in rural areas there are relatively few family and child care cases every year, and it certainly would seem more likely that nosy neighbours would be able to guess the identity of some of the parties referred to in the media. Overall though I think this is a price worth paying.

Reporting to be allowed on family law and child care court cases
It's statistically anti men. 90% so or thereabouts, and I'm being generous.
 

EvotingMachine0197

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Presumably the media will be allowed to report the nature of the case but not the family name and address etc?
 

miju

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For the most part, it will show that the conspiracy theories of the likes of John Waters, that the family law system is institutionally anti-men, is baseless. On the other hand, it will help to keep some judges on the straight and narrow.
Funny you should say that I was nearly thinking the same thing. Except I was more looking forward to it showing the clear anti-men bias that exists in the family courts
 

cathalbrugha

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Funny you should say that I was nearly thinking the same thing. Except I was more looking forward to it showing the clear anti-men bias that exists in the family courts
You won't see it now that's the thing.. In a way by just having the threat of the media it's a small victory for the fathers and their kids.. It won't bring back the fathers who committed suicide because of the incompetence of those people..

Sadly I think this will turn into a circus.. The Media will revert to type - 'We're only doing our job'..
 

Grey Area

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Funny you should say that I was nearly thinking the same thing. Except I was more looking forward to it showing the clear anti-men bias that exists in the family courts
On the issue of "is there an anti-man bias in the family courts"? IMO and experience on custody no - on guardianship no - on primary, care and control no - on access no - on maintenance - yes.
 

cathalbrugha

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On the issue of "is there an anti-man bias in the family courts"? IMO and experience on custody no - on guardianship no - on primary, care and control no - on access no - on maintenance - yes.
Show us where the Irish Constitution gaurantees that Irish fathers are entitled to Custody, Guardianship or Access to their biological kids.. There's no anti-man bias? Do unmarried fathers have automatic Custody? Guardianship? Access? Nope..

It's not even on the agenda for the referendum.. Which makes a total mockery out of the idea of allowing the Media Circus into family law courts..
 

Grey Area

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Show us where the Irish Constitution gaurantees that Irish born children are entitled to Custody, Guardianship or Access to their biological kids.. There's no anti-man bias? Do unmarried fathers have automatic Custody? Guardianship? Access? Nope..
The issues concerning the Constitution are for legislators to resolve. The Family Courts have to work within the rules of the laws set down by the Constitution and the legislators. The family courts cannot refuse to issue guardianship orders in favour of unmarried fathers for their children, if they seek such an order, unless the court is satisfied that it would be improper to do so. The break of "satisfied" is very high. As a joint legal guardian it is also nearly impossible for the courts to refuse an application to become a joint custodian. In the main they are both granted at the same hearing. As a joint custodian it is nearly impossible for the courts to refuse an application for access. It's all incremental. In my experience on the issue of maintenance men ALWAYS lose. Even if they are the primary carer. I have been through the process. At the start I was unduly nervous about the process as I had assumed from all the publicity concerning the anti-fathers bias that I would face same. I had no need to be nervous apart from the maintenance issue(s). I also have other family members and friends who have been through the process and I know that they were, in the main, treated as equally as I.
 

artfoley56

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Thady Quill

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ALL courts and tribunals should be open to the public and press: secret courts are an abomination.
Immigration hearings, An Bórd Altranais (an organisation noticeably reluctant to release information) etc. should be covered by this.
 

cathalbrugha

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The issues concerning the Constitution are for legislators to resolve. The Family Courts have to work within the rules of the laws set down by the Constitution and the legislators.

The family courts cannot refuse to issue guardianship orders in favour of unmarried fathers for their children, if they seek such an order, unless the court is satisfied that it would be improper to do so. The break of "satisfied" is very high.

As a joint legal guardian it is also nearly impossible for the courts to refuse an application to become a joint custodian. In the main they are both granted at the same hearing. As a joint custodian it is nearly impossible for the courts to refuse an application for access. It's all incremental. In my experience on the issue of maintenance men ALWAYS lose.
I.
The break of satisfied is high? Either you're just one of the lucky ones, or the Department Social and Family Affairs are spoofers so..

Irish Independent, 5th May, 2004

The fury of the forgotten fathers..

A recent report commissioned by the Department of Social and Family Affairs paints a shocking picture of the way social workers treat fathers in vulnerable families. Prepared as part of the department's 'family-friendly' focus, it found that some men were excluded by social workers and health professionals. Some were not seen as caring fathers because of their appearance and lifestyle. Men who had tattoos, bulked-up physiques, skinhead hairstyles, who did hard work in areas prone to violence, such as bouncing and security, often found themselves excluded from the help of the social services.

.."The meetings are open and very frank." Some men have claimed that they were automatically barred from seeing their children after unproven claims of sexual abuse, he says.

"In one case a man lost his job because of this unfounded allegation made against him. Men like that are in a catch-22 situation. The allegation has to be investigated, and the child has to be protected. "The person who makes the allegation is often the ex-partner. Even if it's proven the allegation is unfounded, the person who makes the allegation is never prosecuted." Strong protection is in place for mothers, says Paul, but fathers are often left homeless and have to move into bedsits. He adds: "The fathers feel it's systematic. They could blame the ex-partner, but they are only using the system which isn't fair.

Men have to apply for access for permission to see their own flesh and blood. Does the woman own the child? "The worst scenario is if the man is unmarried - he hasn't got a leg to stand on.. ..........
 

cathalbrugha

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Fury Of The Fathers(Continued..

HOW CAN SHE TAKE EVERYTHING?

David (not his real name) got married in 1982. Two children soon followed. The family lived happily in the west of Ireland for over 15 years until tragic circumstances in their lives changed everything. David, who had worked hard to make the family-run business a success, slid into depression. To make matters worse, he says, his wife began another relationship. He ignored the truth for more than two years. His wife then told him she wanted a divorce. "I became so ill that I was admitted to the psychiatric unit of the local hospital under the care of a doctor. I received no family visits, no support whatsoever while I was in there; in fact my doctor rang my wife and asked her to bring my family to see me, but she refused," says David. David's doctor told his wife that he was to be discharged. "My wife asked if I could not be kept in for longer, but my doctor said that it was not possible, as I was in perfect mental health. "Two days later I was handed a letter in the hospital which contained a court order barring me from returning to my home. I was discharged from the hospital a homeless person, but due to the fact that I was a patient I got accommodation in a hostel.

"Almost three years later, after many court listings and adjournments my situation remains almost the same. I depend on the state to live, while my wife and her new partner have taken possession of everything - my home, our children and belongings, and our business. My son told me, when I rang to talk to him and our daughter, that they are not allowed to talk to me." The family home should now be worth over €1 million, he says. "I cannot understand how this is just - that my wife and her partner can take possession of everything, under the existing law, while I depend on the State to keep a roof over my head, the clothes that I wear and food in my belly."
 

Grey Area

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The break of satisfied is high? Either you're just one of the lucky ones, or the Department Social and Family Affairs are spoofers so..

Irish Independent, 5th May, 2004

The fury of the forgotten fathers..

A recent report commissioned by the Department of Social and Family Affairs paints a shocking picture of the way social workers treat fathers in vulnerable families. Prepared as part of the department's 'family-friendly' focus, it found that some men were excluded by social workers and health professionals. Some were not seen as caring fathers because of their appearance and lifestyle. Men who had tattoos, bulked-up physiques, skinhead hairstyles, who did hard work in areas prone to violence, such as bouncing and security, often found themselves excluded from the help of the social services.

.."The meetings are open and very frank." Some men have claimed that they were automatically barred from seeing their children after unproven claims of sexual abuse, he says.

"In one case a man lost his job because of this unfounded allegation made against him. Men like that are in a catch-22 situation. The allegation has to be investigated, and the child has to be protected. "The person who makes the allegation is often the ex-partner. Even if it's proven the allegation is unfounded, the person who makes the allegation is never prosecuted." Strong protection is in place for mothers, says Paul, but fathers are often left homeless and have to move into bedsits. He adds: "The fathers feel it's systematic. They could blame the ex-partner, but they are only using the system which isn't fair.

Men have to apply for access for permission to see their own flesh and blood. Does the woman own the child? "The worst scenario is if the man is unmarried - he hasn't got a leg to stand on.. ..........
"Some men have claimed that they were automatically barred from seeing their children after unproven claims of sexual abuse, he says. The allegation has to be investigated, and the child has to be protected. "The person who makes the allegation is often the ex-partner. Even if it's proven the allegation is unfounded, the person who makes the allegation is never prosecuted."

Social workers are not the Family Courts. Speaking from experience I had the very same horrific accusation levelled at me in open court on 3 different occasions. The person who made the allegation was the ex-partner. The family courts insisted that the allegations were investigated via 3 seperate and very intrusive section 20 reports. Throughout these investigations I retained sole custody of my then 10 year old daughter. The allegations were found to be baseless, I retained sole custody, the person who made the allegation was not prosecuted, which is wrong and still grates me. My point in my personal experience of the family courts they ensured that strong protections for children were applied and both parents treated equally.
 
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