The Gazette 1995

GAZETTE

j to people involved in family law

breakdown about counselling and

mediation services, social welfare

; entitlement and legal services and

legal aid advice, as well as basic

information about how family law

; operates and what powers the family

law courts have."

Ms. Rosemary Horgan, a solicitor

working in a legal aid centre in cork

• then addressed the Seminar. Ms.

Horgan recognised that the traditional í

definition of "the family" has been

extended considerably over the last 20

! years to include single parents

families, co-habiting couples with

children, married families with foster

children etc. The Constitution,

however, limits its definition of

family to the family based on

marriage and Ms. Horgan pointed out

that what this means for the client is

;

! that the remedies available to the

married client differ from those

available to the client who is not

married. Ms. Horgan pointed out the

| very real difficulties which can arise

i for clients who do not form a

traditional "family" where, for

instance, a barring order or a

maintenance order is required.

The rights of children to a family

dispute were highlighted by Ms.

Horgan who argued that from time to

time their case deserves to be

"articulated independently. Although

there is provision for independent

representation in the Child Care Act,

1991, Ms. Horgan confirmed that

these provisions are not yet in force,

notwithstanding the United Nations

Convention on the Rights of Child

which provides for the separate

representation of children in any

(

proceedings which effect them where

it is appropriate that their rights be

articulated separately from that of

their parents.

Ms. Horgan commented on the effect

that delays in obtaining a hearing date

can have on the parties concerned and !

the fact that delay can be used as a

weapon by one participant against the

other insofar as the stronger party is

usually content for the status quo to

JANUARY/FEBRUARY 1995

continue. Ms. Horgan pointed out that

"not every litigant can afford, either

emotionally or financial, to wait for a

postponed Court resolution."

Ms. Horgan concluded by quoting

from the Law Reform Commission

consultation paper on Family Courts

as follows:-

"We must begin this chapter by

expressing concern about a range of

serious problems and defects in the

manner in which family cases are

handled within our existing court

system. This concern is shared by

many professional working within

the system. Many of the problems

derive from under-resourcing, both

physical and human. The picture

which emerges is one of a system

struggling and barely managing to

cope with the very great increase in

family litigation in recent years. The

result is a sad parody of that which

might be expected in a State whose

Constitution rightly places such

emphasis on the protection of

family life."

•

TURKS AND CAICOS ISLANDS

AND

THE ISLE OF MAN

Samuel McCleery

Attorney - at - Law and Solicitor of PO

Box 127 in Grand Turk,Turks and Caicos

Islands, British West Indies and at P. O.

Box 7, Castletown, Isle of Man will be

pleased to accept instructions generally

! from Irish Solicitors in the formation and

admi n i s t r a t i on of Exempt Tu r ks and

| C a i c os Is land Comp a n i es and Non -

' Resident Isle of Man Companies, Trust

| Administration Asset Protection.

G.T

Office:-

Tel: 001 809 946 2818

Fax:

001 809 946 2819

I.O.M.Office

Tel: 00 44 624 822210 Telex : 628285

Samdan G

Fax: 00 44 624 823799

The Irish Kidney Assoc i a t ion is the only

national organisation working solely in the

interest of patients with chronic kidney

disease.

More and more Irish families are relying on

the financial and psychological support they

receive from the Irish Kidney Association.

Since 60% of the patients are unemployed the

IKA is called on to help with the basic family

requirements - rent, electricity, school books

and uniforms, drugs and sadly of all burial

expenses.

Research, purchases of life saving equipment

and printing of the donor cards help improve

the quality of life of the patients.

This voluntary organisation is a registered

charity and we badly need your

Donations and bequests to:-

Irish Kidney Association

'Donor House',

156 Pembroke Road, Ballsbridge, Dublin 4.

Phone: 01 - 6689788/9 Fax: 01 - 6683820