Robert Dowds
Question:167 Deputy Robert Dowds asked the Minister for Justice and Equality the rights of an unmarried father in terms of access to his children; and if he will make a statement on the matter. [4597/12]
View answerThursday, 26 January 2012
Questions (167)
Written answers
Under section 11 of the Guardianship of Infants Act 1964, an unmarried father of a child, whether or not he is a guardian of the child, may apply to the court for an order giving directions on any question affecting the welfare of the child including the question of access to the child. In making such orders the court has to regard the welfare of the child as the first and paramount consideration.
Where appropriate and practicable, the Court in making any order takes into account the child's wishes in the matter having regard to the age and understanding of the child. In considering whether to make an order under section 11, the court, further to section 11D (as inserted in the Act of 1964 by the Children Act 1997) must have regard to whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.
The Act of 1964 (again by way of amendments in the Children Act 1997) encourages parties to a dispute in relation to a child to agree on the custody or guardianship of or access to a child. Prior to institution of proceedings the legal representatives of the parties must discuss with them the possibility of agreement. The Court may adjourn any proceedings to assist agreement between the parties. These legislative provisions are extensive. They permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests.