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Calls for dedicated State service to pursue parents who fail to pay child maintenance

Support services for lone parents have pointed out that the adversarial and costly courts route is the only option available.

 THE GOVERNMENT HAS been urged to establish a dedicated child maintenance service which would remove the burden from lone parents in cases of non-payment. 

Support services for lone parents have pointed out that the only option available now if a liable parent refuses to pay maintenance is to pursue them through the courts.

They have said this process is adversarial, costly and time-consuming, but if parents want to receive certain State supports they have to show that they sought maintenance payments in the courts. 

A review group comprised of legal, policy and academic professionals as well as officials from the department of Social Protection and Justice submitted a review of the child maintenance system to Social Protection Minister Heather Humphreys in April.

The minister has yet to issue a response, but one of the three areas the group was tasked with considering was the establishment of a child maintenance service in Ireland.

Sinn Féin spokesperson on Social Protection Claire Kerrane has been urging the government such a service to support lone parents and their children. A similar service is already in place in Northern Ireland.

Speaking to The Journal, she said if was “disappointing” that the report submitted in April was not published before the Dáil recess.

“It’s been an issue for a long time and it causes great difficulty for lone parents,” she said.

The establishment of a child maintenance service is one of a number of recommendations made in a 2021 position paper by the National One Parent Family Alliance, which is made up of nine national organisations including Barnardos and the Children’s Rights Alliance.

The report noted that in Ireland child maintenance is seen largely as a personal, parental obligation and therefore a matter of private family law.

“There is no state agency with responsibility for child maintenance payments and pursuit of maintenance is left up to the claiming parent on behalf of their child,” it said.

“Where a maintenance agreement cannot be reached by parents privately, they are forced to seek maintenance through an adversarial, costly and time-consuming court system.”

A survey by One Family in 2016 on shared parenting found that the most common financial problem identified by respondents was non-existent or insufficient child maintenance payments.

The National One Parent Family Alliance has said processes in the courts are difficult to enforce, precipitate protracted and often hostile parental negotiation, contribute to poverty and have little regard to the safety of those who have been subjected to domestic abuse, violence, coercion and financial abuse. 

“From our work with families, we are aware that there is a significant rate of non-compliance with child maintenance orders significant delays in the courts system and a high cost involved in engaging a litigious route,” it said.

The organisation also pointed out that courts cannot issue summons for maintenance unless the custodial parent can provide an address for the non-custodial parent and this is not always known.

Although a bench warrant can be issued of the liable parent fails to appear at proceedings, the organisation said this is rarely acted upon as there is no prosecuting garda involved. 

It recommended the establishment of a statutory maintenance agency  to ensure State is responsible for assessment and enforcement. Where a parent cannot or does not pay, it said the State should ensure the maintenance is paid and recoup the funds later from the liable parent. 

The Northern Ireland service collects unpaid maintenance in a number of ways, including deducting money owned from earnings or a bank account.

The service can also take the liable parent to court to take action to recover unpaid maintenance, including an order that would prevent the sale of a property owned by the parent, or ultimately the forced sale of the property. If these methods fail the service can apply to have the parent disqualified from driving or to send them to prison.

Kerrane said the current system in Ireland is “messy” because the court system is not “the right environment” for these matters as there is a lack of consistency to the approach taken.

“It all depends on the judge of the day and on what they decide, and even then once its court-ordered it doesn’t guarantee payment,” she said. “It’s a very messy system and an unfair system at the moment.”

She said she is hopeful that the department will publish the report and announce its plans ahead of the September budget announcement so that measures to address the issue can be included in the government’s financial plans for next year.

Kerrane said the estimated cost of initial set-up and first year of operation for such a service is €2.5 million.

In response to a query from The Journal, Minister Humphreys’s department said she was giving the report “the careful consideration that such an important and complex issue deserves”. 

“Given that the report relates to a broad range of issues that are beyond the scope of the social welfare system, the minister is also consulting her government colleagues,” the department said. 

“Once the report has been fully considered, the Minister intends to bring it to Government, at which time a decision regarding the publication date will be made.”

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    Mute Daniel Muldoon
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    Jul 31st 2022, 1:21 AM

    Are we going to have one to chase down parents who don’t allow the other access because they are in a mood or are being spiteful? Are they going to chase down the people who receive the child maintenance and waste it on themselves and not the children? Also if they give parents equal access to their children and didn’t favor one gender, then the financial burden could be shared and there would be no need to chase anyone down.

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    Mute Paul Gorry
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    Jul 31st 2022, 2:55 AM

    @Daniel Muldoon: Let’s call a spade a spade Daniel. The majority of kids are left with their birth mother (with the exception of the ones the catholic church decided shouldn’t)now it’s quite obvious ye feel aggrieved about something. Just spout it out and let us know what yer actually trying to say. Notwithstanding the fact yer quite obviously going tru some type of turmoil. Either that or your just trolling.

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    Mute Rmaybe
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    Jul 31st 2022, 7:40 AM

    @Daniel Muldoon: there is already a service to support parents who are having difficulty getting access to see their children or who are having difficulty with their ex partner not turning up at the agreed time and causing stress to the child. Its called mediation. There is also a process for the amount of maintenance to be paid. If the child spends equal time at each parents then there is no maintenance to be paid. If the child spends more time at one parents the maintenance is paid to them and the children’s allowance regardless of gender. Presumably a lone parent is allowed to still enjoy life and should not have to submit accounts to every penny they spend on themselves or thier children but if you know if a case where any childi is receiving no food heat or clothes because the parent are wasting it on themselves you should report them to tusla for neglect.

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    Mute Rmaybe
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    Jul 31st 2022, 7:57 AM

    @Daniel Muldoon: and I do agree some parents do use the child access as a weapon equally some use the withholding of maintenence and criticism of how maintenence is spent as a weapon. I seem both genders do both of these things and it’s toxic. I’ve also seen parents co parent in a grown up and mature fashion and nit allow their grievances create a toxic fashion. This is the best way as far as I can see.

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    Mute Mickety Dee
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    Jul 31st 2022, 8:26 AM

    @Rmaybe: You must to be joking if you think mediation would help resolve a situation where one side is being. unreasonable and refusing access on whims or using the children as pawns in a battle with their ex partner. Courts is the only way and that is slow and very expensive

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    Mute White Chapel
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    Jul 31st 2022, 10:00 AM

    @Paul Gorry:
    Isn’t that part of the problem Paul?

    The fact that the courts have a default position that favours the awarding of custody to mothers in the majority of family court cases means that the process is entirely biased in their favour from the outset.

    It follows that whoever gets custody of the children must also receive the maintenance and also retains the family home in the majority of cases.
    Just look at some of the judgements from the family court. Totally unrealistic, unreasonable and biased in favour of women.

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    Mute Rmaybe
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    Jul 31st 2022, 10:40 AM

    @Mickety Dee: mediation works for many that can be ģrown up enough to put their differences aside and their children first. But like I said earlier the weaponising can come from both parents in terms of withholding access and money. Both are wrong

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    Mute Stuart James
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    Jul 31st 2022, 10:49 AM

    @Paul Gorry: You obviously are not in the position Paul that on occasion because let’s say the mother of your child for some reason or another best known to them decides to use that child as a stick to beat you with,have you ever sat outside a house crying looking through the window as your child looks out but can’t go to the door because their mother is blocking their path? Years of pain and heartache not knowing from one week to another what response you’ll receive, paying for holidays only to be told a few days before No the child isn’t allowed go, never ever missing a maintenance payment ever, in fact paying far and above the norm to the extent it leaves you struggling to live? I have Paul, if you haven’t don’t presume the chap is trolling.

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    Mute Liam P Dunne
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    Jul 31st 2022, 11:00 AM

    @Rmaybe: Mediation must be agreed to. Its futile when you’re dealing with a narcissistical psycho.

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    Mute Stuart James
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    Jul 31st 2022, 11:03 AM

    @Charmaine ☘ Irish: Fact

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    Mute Daniel Muldoon
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    Jul 31st 2022, 12:06 PM

    @Rmaybe: Sorry its taking me a while to write this because i am still laughing that you think that things are fair and that both parents have equal rights to the children. Mediation is not worth a wank if the Mother is being spiteful, most times the father is subject to the whims and mood of the mother. And mediation or even courts don’t seem to do anything about it. In fact i have seen women deliberately violate a court order to allow a father to see his child and face no consequences, in fact the father had to go back to court two more times before he actually was allowed access to his child. So to suggest that parents have equal rights and access to their children is a lie. And you have misandrist organisations like Tusla who go out of their way to paint men as abusers and make excuses and cover for women.

    56
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    Mute Rmaybe
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    Aug 1st 2022, 3:33 AM

    @Daniel Muldoon: sorry its taken so long to reply I was busy having fun with my family. You sound very bitter and biased. Maybe your ex partner is unreasonable mayne you are who knows what goes on behind closed doors but judging by your comments you should probably look inward, do a little work on yourself then try to move forward.

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    Mute Nehppo McG
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    Aug 1st 2022, 4:04 PM

    @Rmaybe: Jesus you’re some keyboard warrior. you’ve lost this argument. Jog on.

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    Mute Vic's Burd
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    Jul 31st 2022, 1:32 AM

    @Daniel Muldoon: Oooh… sounds like you are speaking from experience.

    You do have a responsibility too, don’t want a kid? Wear a bloody condom.

    Don’t leave it to the woman to decide to be pregnant or not.

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    Mute Paul Gorry
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    Jul 31st 2022, 1:31 AM

    @Daniel Muldoon: i guess ye don’t like women Daniel.

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    Mute GaMran
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    Jul 31st 2022, 3:41 AM

    @Colette Kearns: funny how the decision to keep the baby or not does not need two to make.
    The lad makes a good point. Men have no say or rights when it comes to having kids or paying for one they never agreed to have. Having sex and accidentally becoming pregnant is one thing for a woman as she now have a choice to decide if its the right decision for her life. The same way lads should have a choice in saying no, I do not want this kid, I am not a parent material,have a desease that could affect the kid, Im not ready, or cannot afford to have one without going homeless..
    Also, I highly doubt anyone would say to women to use protection next time..

    If you want the baby by all means, your body your choice. But he should also have the right to say, no I don’t want it or I’m not able to support.
    There has to be a middle ground people can agree to, instead of people lashing out at this guy like he is some woman hater.
    Let’s have a nice and adult conversation about it instead of the usual vile stuff people seem to love so much.

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    Mute NotMyIreland
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    Jul 31st 2022, 7:31 AM

    People strive for equal rights these days. Women now have the right to unilaterally opt out of parenthood, Men should be given this same right immediately.

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    Mute Rmaybe
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    Jul 31st 2022, 7:58 AM

    @NotMyIreland: how on earth did you inferre that from that article?

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    Mute NotMyIreland
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    Jul 31st 2022, 8:11 AM

    @Rmaybe: I didn’t infer anything from the article, nor did I state I did. As the article deals with a review of the child maintenance system, I simply pointed out another one seemingly ignored by the review and society in general

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    Mute Jensen Bhroin
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    Jul 31st 2022, 10:55 AM

    @NotMyIreland: because it’s a bad point which equates access to abortion with actively failing to support a living child. You might think it’s a gotcha moment but someone’s bodily autonomy and decision to have a child or to not have one. Pregnancy is a very specific experience than can be very negative for many and which can be dangerous for some. The burden of both contraception and childcare still falls disproportionately on women and access to abortion remains limited in a large number of cases and geographic regions. Now men can walk away from a child, and often do and have for a long time. But this is different than someone choosing to not pay maintenance. Men can also get a vasectomy, a very low risk, inexpensive procedure than can in most cases be reversed and which is far more accessible than similar procedures available to women (where women are often denied access to treatment that may affect their ability to have children).

    You talk about equality but when it comes to family planning and child rearing things still fall largely to the benefit of men. And that will take a good while to address. It wasn’t that long ago that we didn’t have divorce and spousal rape was not considered a crime. We have a long way to go.

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    Mute NotMyIreland
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    Aug 1st 2022, 11:38 AM

    @Jensen Bhroin: women can use protection and men can use protection the choice is there for both. Women can also walk away from a child as well as men, and some do, the majority don’t, but the choice is available. And in a case where contraception fails, for whatever reason, women can unilaterally decide whether to bring the responsibility of having a child on themselves, men can’t, not because the majority choose not to, but because the choice is not there for them.

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    Mute Fi Wyse
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    Jul 31st 2022, 8:49 AM

    Maintenance should absolutely be paid as children don’t survive on thin air.
    But if the father is paying maintenance and is also ordered by the court to pay for all the school books and fees then they should be liable to get 50% of the back to school allowance.
    It’s only fair.

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    Mute NotMyIreland
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    Jul 31st 2022, 7:47 AM

    @Paul Gorry: nothing in his comment suggested he doesn’t like women, more like he doesn’t like the inequality within the system.

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    Mute Vic's Burd
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    Jul 31st 2022, 1:25 AM

    The sad thing is, even with having a PPS number and other details, the courts can do nothing without a ‘current address’ to serve an order.

    That’s ridiculous. The system needs to do more.

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    Mute lorcmulv
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    Jul 31st 2022, 5:14 AM

    @Vic’s Burd: very true – and also by checking addresses they can cut down on those fraudulently claiming SPA whilst actually living with the other parent. And as you said in another comment if you don’t want a child then take protection. This is now paid for by the state for 18 to 25 yr olds, why is it now financially better for a parent to have a child and stay single – all the benefits for SPA, clothing and fuel allowance, back to school, medical card, housing, free travel, and now forced maintenance !!! When some 2 parent families are being pushed to the hilt with increased living costs and travel costs and childcare costs and food costs with no supports and still paying taxes that in some cases benefits for SPA are being claimed by those actually in a relationship.

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    Mute Rmaybe
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    Jul 31st 2022, 7:47 AM

    @lorcmulv: the article is about pursuing parents for maintenance so they don’t have to claim SPA. Relationships break down all the time and it’s not about not wanting children in the first place. Do try to stay in topic and not make it about bashing people Iin vulnerable positions.

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    Mute lorcmulv
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    Jul 31st 2022, 11:11 AM

    @Rmaybe: nowhere in the article does it suggest that those getting maintenance will not be getting SPA. My comment was on those claiming SPA whilst actually still in a relationship.

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    Mute Sinéad White
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    Aug 2nd 2022, 5:45 PM

    @lorcmulv: I don’t know where you get your information from but One Parent Family Payment (€240 per week) is only for those not working. When working, you don’t get it unless you’re earning under a certain amount. You’re also only entitled to a medical card/fuel allowance/back to school allowance if you’re unemployed or earning under a certain amount (gross income by the way without childcare costs rent etc taken into account). If someone isn’t paying maintenance, it’s alot of expense for a single parent.

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    Mute Sinéad White
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    Aug 2nd 2022, 5:46 PM

    @lorcmulv: it’s also means tested too

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    Mute Noreen Waters
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    Jul 31st 2022, 9:02 AM

    Totally agree I am owed 8000 euros since I went through the courts when seeking support that money was never received and there are a lot of people that had the same experience as me at the time,,the judge let him off and made so many allowances for him, I did not have the cash for a private solicitor and no free legal doesn’t work the way people think it does. When the judge reduced the amount awarded, was not in any way surprised to hear there was money due because he did not pay his bill I felt lost in that court it became all about him, my daughter was in secondary school heading for college that did not seem to be important the parent who is the primary carer weather women or man takes the hit

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    Mute Rathminder
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    Jul 31st 2022, 7:14 AM

    I am happy to report that there is an increase in the US of men choosing to have vasectomies since Roe vs Wade was overturned. Don’t ever want a child? Get a vasectomy. I am alive due to my (married) parents birth control failure. It happens.

    51
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    Mute Karen 'Polly' Johnson
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    Jul 31st 2022, 9:42 AM

    @Rathminder:

    Best Comment

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    Mute Karen 'Polly' Johnson
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    Jul 31st 2022, 9:42 AM

    @Rathminder:

    Best Comment

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    Mute Daniel Muldoon
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    Jul 31st 2022, 12:12 PM

    @Vic’s Burd: I have three kids which i care for and pay for but i know many men who have been “Baby trapped” by women. Those women had the choice to not have the child and they choose to do it against the requests of the father to trap him into paying and supporting her. I am not against women, i am just against the ones who use children as a source of income.

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    Mute Paul Gorry
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    Jul 31st 2022, 4:41 AM

    @GaMran: Jayus that’s what ye call stalking on a comment section. I guess ye don’t like Colette.

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    Mute Paul O Connor
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    Jul 31st 2022, 10:49 AM

    Simple problems usually have simple solutions. Person owes x per month in maintenance so just deduct the figure automatically from their income so they don’t even see the cash and it gets deposited directly into the bank account of the person it’s owed to. Why do we overcomplicate everything.

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    Mute Rmaybe
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    Jul 31st 2022, 1:28 PM

    @Paul O Connor: they did this in the UK years ago and it turned out xx was deducted from the father’s account and only x given to the mother. The system was set up so both parents didn’t have to communicate but that meant neither could discuss how much was being paid or received.

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    Mute Dearbhla O Reilly
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    Jul 31st 2022, 1:45 AM

    @Colette Kearns: exactly.

    35
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    Mute Damon16
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    Jul 31st 2022, 10:12 AM

    This should already be happening. As a general point, massive damage is done to children because separated parents fighting over access, bad mouthing the other parent, using access as baton etc. This should be a child welfare issue. If 2 people have a kid – whether planned or not – they need to be adults and work together in the best interest of the kid. There are a lot of kids being damaged by irresponsible parents and the dysfunction is only growing all the time.

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    Mute Craic_a_tower
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    Jul 31st 2022, 11:16 AM

    @Jensen Bhroin: I know at least 2 women who came of the pill without telling their partners because they want to have children. If a man interferes with contraception it is considered rape in many places but no such view when a woman does it. There are even cases in the USA where male victims of statutory rape have to pay child maintenance

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    Mute Jim O'Sullivan
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    Jul 31st 2022, 8:25 AM

    Margaret Thatcher tried this decades ago, motivated by a combination of the idea that it was these awful poor people who irresponsibly had children they could not support and her “class” had to carry the can and latent admiration for eugenics. Not surprisingly it did not end well with police forces routinely breaking down the doors at dawn of people suspected of being runaway dads—let us at least learn the lessons from that and whatever we do, let it be motivated to ensure that the child involved receives all the care it needs and is not motivated by eugenics or other “class” ideology.

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    Mute Jensen Bhroin
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    Jul 31st 2022, 10:47 AM

    @GaMran: that neglects the fact that pregnancy is something that he wouldn’t have to endure and the burden placed is asymmetrical. He can say he doesn’t want to raise it and walk away but he does have to provide maintenance. We’ve had dead beat dad’s for a lot longer than abortion has been legal in Ireland but you act like this is some revolutionary act of equality. It’s not
    Women have also always been able to have abortions it is just that previously it was not legal, and still the numbers remain relatively low. But the burden of childbirth and the burden of childcare has never been equal and still disproportionately falls on women. Women also often end up pregnant despite their best efforts é.g being on hormonal contraception while condom use remains far lower. Now if there is someone who doesn’t want kids for the reasons listen above i would fully support free vasectomies but the fact remains that someone choosing to have or not have an abortion, which relates to their own physical being and which is an often complicated and dangerous medical act in itself, is in fact a very different thing than someone choosing to walk away from a child and to not support it. They are effectively bringing hardship onto that child and abdicating their responsibility.

    This guy definitely has an axe to grind and like many are happy to ignore why custody often falls to women and expect historical inequalities in child rearing and resulting decision making to disappear because they don’t like when it doesn’t work for them. There are many good single father’s our there but there are also a number who feel aggrieved that a judge decided custody in favour of the mother who was the primary caregiver of the child. To create a more middle ground you need to create a more middle ground for child rearing when it comes to childrearing and we are still not there yet.

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    Mute Con Cussed
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    Jul 31st 2022, 5:28 PM

    In some countries the parent which should be receiving payment is paid directly by the state and the state goes after the non-paying parent. Work or social payments are deducted at source and paid to the state. Less stress on needy parent and focus on the one not paying.

    As some already mentioned if you can’t take responsibility for your actions don’t have kids! Vasectomies could be offered free of charge, with the ability to reverse at the cost of the recipient!

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    Mute Seamus Mac
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    Aug 1st 2022, 10:52 AM

    Having children is the most important decision a couple can make. If you 100% do not want to have kids or are not ready then either abstain or both partners use contraception. Its the kids who suffer in these petty games played by parents.

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    Mute Vic's Burd
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    Aug 1st 2022, 9:28 AM

    @Daniel Muldoon: ‘baby trapped’ means YOU allowed yourself to have sex without protection putting your faith in the woman to ensure they don’t/won’t/can’t get pregnant…

    That responsibility also lies with you man. Stop making excuses and blaming the woman.

    And well done for being ‘trapped’ into maintaining three children…

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    Mute GaMran
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    Jul 31st 2022, 2:34 PM

    No, I replied the wrong comment of hers,which then I tried to correct. Great system on the journal logged me out and pisted the entire article as my comment.
    Thank you for being so kind and polite to give others the benefit of the doubt.
    You have made 0 useful comments in this conversation thread and I don’t see why are you here then other then to be rude.

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