Dáil Éireann Debate, Wednesday - 30 June 2004
271 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the proposals he has to introduce legislation to change the law on guardianship to meet the concerns of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19645/04]
View answerUnder 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.
I believe the existing provisions, which I have outlined, strike a good balance between the interests involved. In particular, they provide that, where a mother does not consent to the appointment of the father as guardian, he may apply to the court to be made a guardian. Even if he is not a guardian he may still apply to the court for custody or access. The overriding point is the weight which the court is obliged to give to the welfare of the child under section 3 of the 1964 Act.
