NCJ Number
117458
Journal
Journal of Family Law Volume: 27 Issue: 1 Dated: (1988-89) Pages: 163-169
Date Published
1989
Length
7 pages
Annotation
This article reviews 1987 court actions and legislation in Ireland pertaining to equality for children born outside marriage and the protection of marriage, a divorce referendum, abortion counseling and referral, and barring and protection orders in spouse-abuse cases.
Abstract
Ireland's 1987 Status of Children Act has significantly improved the legal status of children born outside marriage. At the same time, the Irish courts, relying on the constitutional prescription to protect the institution of marriage, have continued to declare unconstitutional legislation that places unmarried persons living together in a more favorable tax position than a married couple. On June 26, 1986, the Irish electorate voted resoundingly to retain article 41.3.2 of the Constitution, which forbids the enactment of legislation to permit the dissolution of marriage. Under a recent Supreme Court ruling in Ireland, nondirective counseling on abortion as a theoretical option is apparently allowed, but the giving of specific information to help a woman make an informed choice on abortion is illegal, e.g., informing women of the facilities for abortion in England and providing travel assistance. The 12-year-old system of barring orders, enabling a court to exclude a spouse from the home when the safety or welfare of the other spouse or any dependent child requires it, continues to cause controversy. 22 footnotes.