Child Custody and Access

Dáil Éireann Debate, Wednesday - 13 February 2013

Wednesday, 13 February 2013

Questions (153)

Robert Dowds

Question:

153. Deputy Robert Dowds asked the Minister for Justice and Equality if he will outline current legislation regarding the right of unmarried fathers to have access to their children; and the changes expected to this in view of the recent Children's referendum. [7615/13]

Written answers

Minister for Justice and Equality

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.

I am presently engaged in the preparation of a Family Relationships and Children Bill. In this regard the existing provisions on guardianship, custody and access are being examined in order to ensure they are fully compliant with the new provisions in Article 42A.4 of the Constitution on the paramountcy of the best interests of the child and the child's right to have his or her views ascertained and given due weight in all proceedings.