Dáil Éireann debate -
Tuesday, 11 Feb 2003

Vol. 561 No. 1

Written Answers. - Parenting Responsibilities.

Richard Bruton

Question:

473 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if his Department has studied family law codes elsewhere in Europe to determine if better frameworks have been developed for ensuring joint participation of parents in the raising of their children. [3610/03]

Richard Bruton

Question:

474 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that fathers are participating to an acceptable extent in the raising of their children in circumstances where children are born outside of marriage or where a separation has occurred. [3611/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell):

I propose to take Questions Nos. 473 and 474 together.

As I informed the House in response to Question No. 854 on 29 January last, under the Guardianship of Infants Act 1964, as amended, an unmarried father may become a guardian of his child by means of a statutory declaration made jointly with the mother. Alternatively, he may apply to the court to be appointed a guardian of his child. Even where the unmarried father is not a guardian of the child he may apply to the court, under section 11(4) of the Guardianship of Infants Act, for custody or access. In determining whether an unmarried father should be appointed guardian or granted custody or access, the court has to regard the welfare of the child as the first and paramount consideration.

I repeat my belief that, where possible and subject to the child's welfare, it is desirable that chil dren should have the benefit of an upbringing which involves both parents.

Information available to my Department on the position in other European countries indicates that, as in Ireland, particular regard must be had to the welfare of the child in deciding on questions of custody and access. In regard to the situation of non-marital children, it appears to be common in European countries that automatic parental responsibility rests only with the mother but that the father can acquire parental responsibility by agreement with the mother or by order of a court. The position in many European countries appears to be broadly similar to here in that respect.