Vol. 476 No. 2
27 Miss Quill asked the Minister for Equality and Law Reform the response, if any, he has made to those fathers who have been denied access to their children after separation and grandparents who are not permitted to see their grandchildren; and if he will make a statement on the matter. [6662/97]
Any father who is in dispute about custody or access to his child may apply to the court under section 11 of the Guardianship of Infants Act, 1964 for its direction on the matter. The Act provides that in deciding such issues the court must regard the welfare of the child as the first and paramount consideration. That important criterion, which is common to many other jurisdictions, is a matter which falls to be dealt with by the court in the context of all of the circumstances of each case. Such orders may be varied by the court if it is in the best interests of the child that a variation order be made. It would not be appropriate for me to comment on the application of that law in particular cases.
My understanding is that section 11 may be broad enough to allow the court to make access orders in favour of grandparents but that the power is not clearcut. The position appears to be that any such orders must be sought on the basis of application being made by one of the parents. The section cannot be activated by anyone else. Any such orders must be made in the best interests of the child concerned. While provision to allow grandparents to apply in their own right to the court for access to a child appears desirable, the constitutional rights of the parents may make for some difficulties in framing appropriate legislative provisions.
