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Dáil Éireann debate -
Tuesday, 12 Feb 2002

Vol. 548 No. 2

Written Answers. - Custody Rights.

Róisín Shortall

Question:

359 Ms Shortall asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the continued public concern regarding the limited rights of unmarried fathers in court cases determining child custody; the action he has taken or plans to take to improve custody rights for unmarried fathers; and if he will make a statement on the matter. [4334/02]

I can confirm that I am aware of the concerns of unmarried fathers regarding custody and access rights and I agree that children should have the benefit of a family life which involves both parents. Of course, this has to be subject to the overriding consideration that the welfare of the child must be paramount. Under section 6A of the Guardianship of Infants Act, 1964, as inserted by section 12 of the Status of Children Act, 1987, an unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act, as inserted by section 4 of the Children Act, 1997, conferring on the father the status of guardian. Under section 11 of the 1964 Act, a guardian may apply to the court for its direction on any question affecting the welfare of the child. Examples of such proceedings are applications for custody and access orders. In making such orders and in determining whether an unmarried father should be appointed guardian, the court has to regard the welfare of the child as the first and paramount consideration. I believe that these legislative provisions are appropriate as they permit the court in cases of disagreement to decide on arrangements for the child's upbringing having regard to the child's best interests.

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