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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Family Law Act.

Jurisdiction for family-law proceedings

Summary

Andrews pressed for a change to where proceedings may be brought. Cooney acknowledged the hardship but said the existing residence-based rule leaves decisions to the courts and that changing District Court jurisdiction would require study.

Would the Minister not agree that there is a great deal of merit in the intent of the question raised by Deputy Collins?

Comment on this

I agree that there is merit in the question as to where proceedings should be taken and I can see the hardship involved in this regard for the people in question but, as I have indicated, the Act provides for proceedings being brought in the district where the party ordinarily resides. That would be a matter for the courts to decide in any particular case.

Comment on this

If there is all-party agreement in relation to this matter, would the Minister be prepared to change the procedure?

Comment on this

Not necessarily because there are many other considerations that would have to be taken into account in changing the jurisdiction of the District Court. This would require some study. It is not as simple a matter as it might appear. Because proceedings may be brought in the district in which either party resides I wonder whether there is a big problem here.

Comment on this