Dáil Éireann debate -
Wednesday, 15 Oct 2003

Vol. 572 No. 4

Written Answers. - Child Guardianship.

John Bruton

Question:

77 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if he has plans to improve the position of unmarried fathers of children in regard to access to, and custody of, their children by means of amending legislation; and if he will make a statement on the matter. [23206/03]

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

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 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, including directions as to custody and access. In addition, the section provides that the unmarried father of a child, even if he is not a guardian, may apply to the court for orders on custody and access. Section 3 of the Act provides that, in deciding on an application relating to the custody, guardianship or upbringing of a child, the court shall regard the welfare of the child as the first and paramount consideration.

These provisions strike a good balance between the interests involved and, most importantly, give the appropriate weight to the welfare of the child. It is my intention, however, to include in the forthcoming civil liability and courts Bill a provision to amend thein camera rule in family law cases to allow for the general reporting of overall trends while continuing to respect the privacy of all those involved. This change will be important in making the operation of the courts in the area of family law much more transparent and providing a better basis for us to assess the adequacy of particular statutory provisions.