Parents can be forced to pay to maintain their children in third-level education in certain circumstances, according to legal experts. Carol Coulter, Legal Affairs Correspondent, reports.
This follows a statement on RTÉ television by the Minister for Justice, Mr McDowell, that an 18-year-old cannot command his or her parents, however wealthy, to pay college fees.
"A child is defined as under 18, or under 23 and in full-time education in the Family Law Acts," according to Mr Geoffrey Shannon, lecturer in family law in the Law Society. "A parent is obliged to maintain a child in full-time education up to the age of 23. The statutory regime has developed so as to allow a child enjoy the support of his or her parents while in full-time education," he said.
"A dependent member of the family is defined as a natural or adopted child under 18, or where he or she would be receiving full-time education and is under 23."
He said that this applied to children where their parents were separating or divorced, but added: "Why should a child who has the misfortune of his or parents being separated be at an advantage as against the child of happily married parents? Article 42 of the Constitution [dealing with equality] might very well come to the assistance of the child of happily married parents."
Mr Gerry Durcan SC, a family law specialist, said there was no legal mechanism where a child him or herself could sue a parent for maintenance. However, the Maintenance of Spouses and Children Act of 1976 provided for one spouse to go to court seeking maintenance from the other spouse for him or herself and the dependent children, including those under 23 and in full-time education. "This is provided for whether the parents are separated or not," he said. "Where a spouse is dead, or deserted, then the court can make an order for maintenance on the application of any person on behalf of the dependent child." There was also provision for such maintenance in the Guardianship of Infants Act, he said.
"There is no mechanism for the child to apply to the court him or herself. In circumstances of death or desertion a third party can apply for maintenance, and where the parents are living together one of the spouses can apply.
He added: "The law is structured so that parents are entitled to come to the conclusion together that they are not going to pay for a child in third-level education. Only if there is a dispute can you get an outsider to step in and force the parent to pay."