Dáil Éireann Debate, Tuesday - 18 February 2014
556. Deputy Michael McGrath asked the Minister for Justice and Equality in the context of the Children and Family Relationships Bill 2013, if he intends to provide for access to children by grandparents without them having to resort to the courts; and if he will make a statement on the matter. [7704/14]
View answerIn the General Scheme of the Children and Family Relationships Bill, I have proposed a change to provisions governing access to a child where there is a dispute between the adults concerned. The change will allow a relative of a child, such as a grandparent, to apply directly to court for access - this removes the current two stage process under which such a person currently has to apply for leave to make the application. This is in line with the recommendation of the Law Reform Commission in its 2010 report Legal Aspects of Family Relationships.
The Scheme also replicates the provisions requiring solicitors for an applicant or respondent to advise their clients of alternatives to court proceedings, such as mediation or counselling in an effort to come to an agreement. The Family Mediation Service can assist families in dispute in trying to develop agreed solutions.
Proceedings should therefore arise only where the parties are in dispute and are unable or unwilling to come to an agreed solution, and my proposals are intended to simplify and streamline that process in the interests of the child and the entire family.
