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askonefamily | Child and Family Relationships Act 2015

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On Monday the 18th January 2016, some parts of the Child and Family Relationships Act 2015 were commenced. These changes in legislation may have a direct impact on those parenting alone, sharing parenting and parenting after separation so the following information on Guardianship, Custody, Access and Maintenance may be relevant to you:

Guardianship

  • For an unmarried father this means that he may automatically become a guardian of his child if he has lived with the mother on a continuous basis for 12 months and at least 3 of these months must be after the birth of the child.

This 12 month period only takes effect from the date this was enacted, so from the 18th January 2016 and is not retrospective.

  • For other family members, such as grandparents, civil partners, step-parents and others who have acted in “loco parentis” (in the place of the parent) of a child they may apply to court for guardianship. The requirements for this is that a person is in a relationship, either in marriage or civil partnership, or has lived with the parent of a child for over 3 years and has shared the day to day care of the child for at least 2 years.
  • If a person has cared for a child on a day to day to basis, continuously for 12 months and there is no parent or guardian able or willing to exercise the rights and responsibilities for the child then they may apply for guardianship, so for example this may be a grandparent caring for their grandchild or a foster parent caring for a child.

Access

  • For grandparents the Act means that they can now apply directly to the District court for access with their grandchildren, if they do not already have access.

Custody

  • A court may make an order for custody following an application by a person other than the mother or father. This may be a person who is a relative of the child; it may be a person with who the child has resided with, or if the person is married to, in a civil partnership with or who has cohabited with the parent of the child for at least 3 years and has been involved in the day to day care of the child for at least 2 years. A person may also seek custody where the child has resided with this person who has had day to day care of the child and who does not have a parent or guardian who is able or willing to take on the responsibilities of being the guardian.

Maintenance

  • A maintenance order may be sought, requiring the cohabiting partner of a child’s parent to pay maintenance for the child, provided they are a guardian of the child.

Enforcement Orders

  • These relate to access and custody whereby if a court order is made in respect of custody or access and this is unreasonably denied or not taken up then a parent or guardian may apply for an enforcement order. Such an order may require that:

A parent or guardian, or both attend counselling, mediation or a parenting programme

That additional access may be granted

That a parent or guardian be reimbursed for expenses as a result of the denial of access or the refusal to take up access.

Any decision made by the court will be made in the best interests of the child and the court will consider the views of the child where possible given his/her age and understanding.

 

 

Press Release | TASC Report Shows That One-Parent Families Have Least Wealth in Ireland

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Press Release

One-Parent Families have by far the least wealth in Ireland

TASC report 2015 ‘The Distribution of Wealth in Ireland Today’

www.onefamily.ie

(Dublin, Wednesday 9th December 2015) One Family – Ireland’s organisation for people parenting alone and sharing parenting – reacts to the report released today by TASC on the distribution of wealth in Ireland.

Karen Kiernan, One Family CEO, comments: “Today’s TASC report shows that those with the lowest levels of wealth in Ireland are one-parent families. We at One Family witness the impact this has on the families we work with on a day to day basis. Parents are struggling to keep their heads above water and are becoming increasingly isolated as the gap between those who have and haven’t increases. The report shows that the average household has a net worth seven times greater than the average for a single parent household.”

Kiernan continues: “The report also show that more than half of all single parents have less than €300 in savings, compared to €4,000 for single person households. This puts these families in a precarious position should any unforeseen expenses arise. Our next Government must prioritise the dangerously high levels of poverty experienced by many children and parents living in one-parent families.”

The TASC report details the facts that one-parent families are:

  • Less likely to own their own home and face significant barriers to owning property.
  • Have business assets at 1/5 of the average rate of people in Ireland.
  • Have savings of €300 on average, less than 10% of others.
  • Have double the rates of debt to assets and are credit constrained at three times the rate of average households.
  • The average household has a net worth seven times greater than the average for a single parent household.
  • The average net wealth for a single parent is €30,600 which compares to an average figure of €218,700 for all households. Half of all single parents have less than €1,400 in net wealth.

A copy of the report is available here.

About One Family

One Family was founded in 1972 as Cherish and is Ireland’s leading organisation for one-parent families and people sharing parenting or separating, offering support, information and services to all members of all one-parent families, to those sharing parenting, to those experiencing an unplanned pregnancy and to professionals working with one-parent families. Children are at the centre of One Family’s work and the organisation helps all the adults in their lives, including mums, dads, grandparents, step-parents, new partners and other siblings, offering a holistic model of specialist family support services. These services include the lo-call askonefamily national helpline on 1890 66 22 12, counselling, and provision of training courses for parents and for professionals. One Family also promotes Family Day and presents the Family Day Festival every May, an annual celebration of the diversity of families in Ireland today (www.familyday.ie). For further information, visit www.onefamily.ie. The askonefamily helpline can be contacted on lo-call 1890 66 22 12.

Available for Interview

Karen Kiernan, CEO | t: 01 662 9212 or 086 850 9191

Policy | At the Centre of Social Welfare Change

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One Family Director of Policy & Programmes, Stuart Duffin, writes about what should be at the centre of social welfare change.

As an election looms for Spring 2016 we need to begin to raising public awareness on the issue of poverty and its effects on health. Our social welfare system is undergoing fundamental change. Reforms affecting many working lone parents are plunging many into even deeper poverty and reinforcing inequality. Restructuring is creating a system which is leaving more parents without constructive supports, whilst those who may qualify must engage with a system which lacks compassion and fails to treat them with dignity and respect.

The Government’s approach to simplifying welfare is undermined by increasing conditionality, and the erosion of a rights based approach to entitlement. The characterisation of one-parent families as undeserving – ‘skivers’ enjoying an overly generous system or worse, actively defrauding the system at the expense of hard working taxpayers – ignores the evidence about the reality of parents’ lives. This rhetoric is used to justify the approach. Many one-parent families who are on the JobSeekers Allowance for example, are required to engage in stressful work seeking activities despite inadequate childcare provision. Parents are blamed for not being in paid work while the real barriers to employment such as the lack of jobs, lack of affordable and suitable childcare, non-family friendly practices and employer discrimination, and our low wage economy are not tackled effectively. At the same time, an immense amount of unpaid work in caring for children (most often done by women) or socially worthwhile volunteering goes unrecognised and unrewarded.

The need for a new architecture for social welfare and protection has never been more pressing.

Therefore, One Family is developing and promoting a Manifesto for Change, which includes:

  1. Parents need income security at a level where no one is left in poverty and all have sufficient income to lead a dignified life.
  2. Make respect for human rights and dignity the cornerstone of a new approach to welfare.
  3. Radically simplify the social protection system.
  4. Invest in the support needed to enable families to participate fully in society.

Our future is better when we feel secure and supported; not when we are vilified and our needs are ignored.

One Family’s Manifesto for Change will be available on this site prior to General Election 2016.

Press Release | Budget 2016 Let Down for Poor One-Parent Families; Child Benefit Disappointing, Income Disregard Welcome

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Press Release

Budget 2016 a Let Down for Poor One-Parent Families

Child Benefit Disappointing, Income Disregard Welcome

www.onefamily.ie

(Dublin, Tuesday 13 October 2015) One Family, Ireland’s organisation for people parenting alone, sharing parenting and separating, today responds to Budget 2016 acknowledging that Government listened to us and the parents we support by providing a modest increase in a parent’s ability to stay in low paid employment by increasing the income disregard of those on JobSeekers Transition Allowance (JSTA). However a Child Benefit giveaway to everyone is unstrategic and does not address the children pushed into poverty by this Government. This approach does not fit with the Government’s self proclaimed family-friendly Budget for 2016.

Karen Kiernan, One Family CEO explains: “This Government has heaped cuts on those one-parent families who rely on social welfare in the past four Budgets. Child poverty rates have rocketed, particularly in one-parent families and some social welfare reforms have run contrary to Government policy. Therefore equalising the amount someone can earn whilst on the JSTA is just common sense in supporting people to move off welfare and into sustainable employment. However welcome this tweak is, much more needs to be done to provide a package of supports to help parents work and we haven’t yet seen any sign of that.

“It is not good enough that some families are supported more than others, if Government really wants to be family-friendly to all families then more needs to be done to be aware of the reality of the diversity of families in Ireland what they need.”

Stuart Duffin, One Family Director of Policy & Programmes, states: “Government has not listened to the calls of many organisations in the voluntary sector to target resources at the poorest children in Ireland rather than giving a pre-election €5 to everyone on Child Benefit. What low-income working families need is the Family Income Supplement adjusted so that it makes work pay by reducing the qualifying hours to 15 hours per week and tapering the payment; as well as recognising the value and costs of shared parenting by providing the Single Person Child Carer Tax Credit to each parent.  It seems also to have ignored recommendations put forward by the OECD and ESRI in their recent reports showing that parents continue to have higher jobless rates than others. We know that Government has seen the evidence. It is, shockingly, yet to be seen to effectively act on it continuing not to invest the required levels in childcare and afterschool care.”

Government should be doing everything it can to help poor children, but Budget 2016 lets families down again. One Family calls on Government to respond to the lived realities of one-parent families and get it right.

Available for Interview

Karen Kiernan, CEO | t: 01 662 9212 or 086 850 9191

Stuart Duffin, Director of Policy & Programmes | t: 01 662 9212 or 087 062 2023

Press Release | Budget 2016 could finally get it right for the poorest of Ireland’s children. But will Government deliver on Tuesday?

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Press Release

Budget 2016 could finally get it right for the poorest of Ireland’s children.

But will Government deliver for families on Tuesday?

(Dublin, Friday 9 October 2015) One Family, Ireland’s organisation for people parenting alone, sharing parenting and separating, outlines in its pre-Budget 2016 submission ways that Government could finally get it right for people parenting alone and their children. But with levels of child poverty in Ireland increasing dramatically, and one-parent families statistically those at higher risk of deprivation and homelessness, will Government take this opportunity to make good on its promises by reducing the barriers to accessing education and employment; or will it target one-parent families again?

Yesterday Taoiseach Enda Kenny told the Dublin Chamber of Commerce that he “will prioritise measures that boost jobs and break that cycle of joblessness and poverty” in the upcoming Budget and beyond. One Family asks if he will deliver on this promise, and reiterates its recommendations for Budget 2016 which would provide a social and economic future for one-parent families based on investment and opportunity.

Karen Kiernan, One Family CEO, states: “We are stating clearly again that Government must invest in Budget 2016 in a coherent package of supports and services for parents moved off the One-Parent Family Payment and to Job Seeker’s Allowances if it is serious about supporting lone parents into sustainable employment and out of social welfare; particularly after a series of cuts targeting one-parent families since Budget 2011. Without this, the Department of Social Protection’s current reform process will continue to fail and families will continue to suffer.”

Stuart Duffin, One Family Director of Policy & Programmes, comments: “We have been highlighting the need for quality, affordable childcare and out of school care; access to quality and assured housing; and family-friendly employment opportunities, which require significant government investment and cross-departmental collaborations. One Family’s recommendations for Budget 2016 are simple, low cost and cost effective and designed to make a real difference in increasing positive outcomes for many thousands of children.”

A package of supports for OFP recipients being transitioned must include:

  • The Income Disregard to remain at €90 for all OPFs regardless of their payment.
  • Equal access to all activation measures and in particular MOMENTUM.
  • Access to free fees for part-time education options.
  • Allow JSTA CE participants to have an additional payment of €50/week equalising it with JobBridge in recognition of family costs.
  • Provide specialist bridging programmes for lone parents such as New Futures and New Steps.
  • Raise the Qualified Child Increase to help reduce child poverty by tailoring it to the poorest families.
  • Recognise the value and costs of shared parenting by providing the Single Person Child Carer Tax Credit to each parent.
  • Adjust the Family Income Supplement so that it makes work pay for lone parents by reducing the qualifying hours to 15 hours per week and taper payment.
  • Provide a high quality accessible Childcare and Out Of School Care system.

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NOTES FOR EDITORS

In addition to the introduction of reform of the One-Parent Family Payment which is resulting in increased poverty for many working lone parents, previous cuts that have targeted One-Parent Family Payment recipients and one-parent families since Budget 2011 include:

  • Budget 2014
  1. The One Parent Family Tax Credit was discontinued and replaced with the Single Person Child Carer Credit, which only one parent can claim, whereas the previous credit could be claimed by both parents sharing parenting.
  2. Maternity Benefit was standardised at €230, an increase for some but a decrease of €32 for others.
  3. The FÁS training allowance was discontinued for those in receipt of some social welfare payments, including those receiving One Parent Family Payment.
  • Budget 2013
  1. Child Benefit was reduced from €140 per child to €130 (for 1st, 2nd and 3rd child) in Budget 2013.
  2. Back to School Clothing & Footwear Allowance (BTSCFA): Reduced from €250 to €200 for children aged 12+, and from €150 down to €100 for 4-11 year olds.
  3. Cost of Education Allowance (paid with Back to Education Allowance, BTEA) cut completely from €300 down to €0 for all new and existing BTEA recipients.
  • Budget 2012
  1. BTSCFA, from €305 reduced to €250 for 12+, and from €200 down to €150 for 4-11 yr olds; age eligibility also increased from 2 to 4 year olds in 2012.
  2. Ongoing cuts to OFP include Income Disregard cut from €146.50 down to €90.
  3. The half rate transition payment of OFP was cut for those who were going into work and stopping payment.
  4. OFP recipients lost access to half rate payment for Illness Benefit and Jobseeker’s Benefit, where applicable.
  5. Fuel Allowance was reduced from 32 weeks to 26 weeks.
  6. Cost of Education Allowance (for BTEA recipients) reduced from €500 to €300.
  7. CE Scheme participants, many of whom were lone parents, had their training and materials grant cut from €1,500 to €500; and new CE participants from 2012 could not get ‘double’ payment, just €20 extra allowance.
  • Budget 2011
  1. Cuts included the main rate of social welfare payments reduced from €196 down to €188.
  2. Child Benefit was reduced by €10 for 1st and 2nd child / €150 to €140; 3rd child / €187 to €167; 4th and subsequent child / reduced to €177.
  3. Christmas Bonus was discontinued (half-rate partial reinstatement for some last year).

About One Family

One Family was founded in 1972 as Cherish and is Ireland’s leading organisation for one-parent families and people sharing parenting or separating, offering support, information and services to all members of all one-parent families, to those sharing parenting, to those experiencing an unplanned pregnancy and to professionals working with one-parent families. Children are at the centre of One Family’s work and the organisation helps all the adults in their lives, including mums, dads, grandparents, step-parents, new partners and other siblings, offering a holistic model of specialist family support services. These services include the lo-call askonefamily national helpline on 1890 66 22 12, counselling, and provision of training courses for parents and for professionals. One Family also promotes Family Day and presents the Family Day Festival every May, an annual celebration of the diversity of families in Ireland today (www.familyday.ie). For further information, visit www.onefamily.ie.

Available for Interview

Karen Kiernan, CEO | t: 01 662 9212 or 086 850 9191

Stuart Duffin, Director of Policy & Programmes | t: 01 662 9212 or 087 062 2023