Children's views vital in divorce cases, says expert

The views of children must be heard in separation and divorce cases, one of the country's experts in family law has said

The views of children must be heard in separation and divorce cases, one of the country's experts in family law has said. Kitty Holland reports.

Mr Geoffrey Shannon told a conference, Supporting the Family in a Changing Society, that children's human rights were being breached since their views in family breakdown cases were not heard.

Research shows that the impact of separation or divorce on children may be determined by the way in which it is handled.

"Marriage breakdown comes as a shock for a child and provokes an emotional crisis akin to a bereavement. Many feel left out of the process," said Mr Shannon.

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"What strikes me about the Irish system is the relative invisibility of children.

"Insufficient attention is given to the rights of the child to express their views."

Acknowledging there was a traditional view that children were best "protected" by being kept out of the unravelling of a marriage, he said the UN Convention on the Rights of the Child "requires the voice of the child".

Ireland was a signatory to several international instruments which required the voice of the child in the legal and administrative process, he added.

"There is a paradox if the law aims to make the welfare of the child paramount. How can we if we do not listen to the emotional needs of the child at a time of emotional crisis?"

A mechanism was required "for giving the perspective of the child" in the mediation process.

Also speaking at the conference, hosted by the Family Support Agency, was Mr Aidan Punch, chief statistician with the Central Statistics Office. He said new questions on ethnicity, disability and multi-family households were among those likely to be added to the 2006 census.

A pilot study of possible questions was conducted in April among 8,500 households in 32 enumeration districts, which was "very successful".

Mr Punch said the director general of the CSO would make recommendations to Government before the end of the year on new and changed questions for Census 2006. The Minister for Social and Family Affairs, Mr Brennan, said State supports for families had not kept pace with our changing society.

He said his strategy would be "have families and family life recognised as a distinct policy area in its own right".