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From MaryLou McDonald, Sinn Fein Dublin Central

Hi Alan,

Please see information below.

Sinn Féin believes that when considering care arrangements for children following the divorce or separation of their parents, the child's best interests and their right to contact should be of paramount consideration. We believe that, in most cases, the child's welfare will be best served by the active participation of both parents in care. The exception to this is where the child has experienced, or is in danger of, harm. We also believe that where there is a history or danger of domestic violence or intimidation, it is the responsibility of statutory agencies to ensure that contact is arranged in such a way as to guard against this.

Sinn Féin is opposed to any form of sex discrimination in relation to parents – fathers' parenting rights should not be inferior to those of mothers.

Along with equal rights come equal responsibilities. Sinn Féin believes that the law should fully recognise that the best interests of the child is served by both parents taking emotional and financial responsibility for childrens' well-being and act accordingly. However, the law must also recognise that the parents may not necessarily be of equal means. Each parent's contribution towards the child's or children's maintenance should be based on their ability to pay.

While we believe that it is the interests of children to have both their parents actively involved in their care, we do not believe that this means that the best option for all children will necessarily be to spend equal time with both parents. Once again, the interests of the child should determine, on a case-by-case basis, how their care arrangements are apportioned.

While the paramount interests of the child are written into British legislation, Sinn Féin is concerned at evidence of seemingly perverse judicial decisions in relation to the ordering of access and care arrangements, though we note that such decisions have penalised mothers as well as fathers. There is clearly something amiss with the practical implementation of the law.

Sinn Féin proposes that training requirements for all professionals involved in family court services should be significantly improved, to ensure that the decisions made by courts are properly informed by the interests of the child. We call for investment in, and development of, mediation services to allow all parents the real opportunity to settle their differences without recourse to court proceedings.

The law in the 26 counties, while also identifying the welfare of the child as the most important factor, operates mechanisms for deciding care arrangements that are less flexible, and do not allow for joint custody unless both parents agree to such a solution. Just as Sinn Féin is opposed to the automatic granting of joint custody, so we are opposed to its automatic refusal – once again we believe that the law should allow for decisions to be made on a case-to-case basis taking into account the particular interests of each child. We also believe that the training of professionals and the improvement of mediation services are just as urgently needed in the 26 counties.

With thanks.

ML