Family Law In Ireland During COVID-19

 

In a recent article published by Citizen Information, there is a wide set of guidelines owing to the concerns of Family Law Ireland, during the period of the 5-level plan for living with COVID-19. Family Law concerns, including guardianship, access rights and maintenance and even domestic abuse are covered in the article. Here’s a closer look into the matters. 

 

New Reforms Made To Support Irish Family Law During The 5-Level Plan Of Living With COVID-19

 

The restrictions of Level 5 - in the Plan Of Living with COVID-19 have been extended till the 5th of April 2021. Owing to Family Law cases, the district court has been entitled to move forward during this phase by prioritising the most urgent cases - such as the ones concerning domestic abuse and child care. Whilst cases that are not deemed as urgent or crucial as such, are most likely to be postponed or recommended for a Family Mediation Service. Many family law solicitors in Cork, Dublin, and other metro cities are also offering online consultations. Given this guideline for now, here are some reforms that can aid the Family Legal matters during the period of COVID-19 lockdowns.

 

Family Mediation

 

The first reform is the Online Family Mediation Service - which is meant to help those couples who have already taken the decision to go for legal separation or divorce. It applies to both married and unmarried couples, including couples of the same sex. The Family Mediation Service is carried out free of cost, by the Legal Aid Board, and conducted under board-recognised professional mediators. Online mediation is available as well as face-to-face sessions, that are conducted through the service offices of the national network of family law across Ireland.

 

The idea is to help couples negotiate the terms and come to a mutually respected settlement - which, unlike Relationship Counselling, is not aimed to fix the relationship, but address the best interests and needs of each member of a separating couple, and those who are also parents. 

Whilst the courts are going for limited dates during level 5, mediation is the next best alternative to negotiate an agreement. The mediator may charge an hourly rate or flat rate.

Domestic Abuse During COVID-19 And Family Law in Ireland

 

Whilst the COVID-19 oriented lockdowns have brought families and loved ones closer, on other hand, it has also raised concerns for domestic abuse. According to the newspaper Irish Times, approximately 2,000 women and over 400 children sought support for domestic violence within the first 6months of COVID-19. The Gardai has especially tended to the matter with specially trained actions. The Phone Lines of the numbers 112 and 999 have been put in place for immediate action to calls. While these things are not new, but throughout the lockdowns, the cases are being prioritised over other cases of Family Law.

 

Moreover, the victims of Domestic Abuse that are referred by the Child and Family Agency Tusla, the HSE and An Garda Síochána can get immediate access to Rent Supplement. And during the phase of the lockdowns and level-5, the means-test will not apply for Rent Supplement. This is temporary though, and the next reform is to be declared after level 5 have been completed. Which is, possibly after 5 April 2021.

 

Single Parenthood, Child Maintenance and Guardianship During COVID-19 In Ireland

 

Due to the increased cases of loss of jobs and pay cuts during the pandemic, many parents, fathers especially have been unable to carry on with child maintenance. In such cases, for single mothers and lone parents who are suffering to make ends meet without receiving subsequent child maintenance, some aid will be there. The COVID-19 Emergency Payment is being offered by the Irish Government to Lone Parents receiving any social welfare payment such as One Parent Family Pay or Working Family Pay or Carer’s Payment, wherein they can get an increase in the amount. If a lone parent has lost their job because of the COVID-19 recession, they can also seek the COVID-19 Payment Unemployment Payment.

 

Support Bubbles have been allowed for specific cases of child custody and access to the child. Wherein two households can share access. But this does not apply to all families. Only those parents that live alone with children under 18 or those parents who share child custody but don’t live with the children may use the support bubble to visit another household to facilitate access.