Dáil Éireann Debate, Friday - 16 September 2016
1912. Deputy Carol Nolan asked the Minister for Children and Youth Affairs if there are any European directives in place that govern the rights of foster parents; if these have been implemented in full; and if she will make a statement on the matter. [24467/16]
View answerThere are no European Directives in place that govern the rights of foster parents. As the Deputy is aware, the European Union (EU) has a limited role in family law matters, including instances where children, in the care of a Member State, are placed with a foster family.
Each individual Member State has its own rules about separation, divorce, maintenance of spouses and children, custody and guardianship, and other family law (both public and private) matters. The role of the EU is mainly concerned with ensuring that decisions made in one Member State can be implemented in another. It also has a role in trying to establish which Member State has jurisdiction to hear a particular case.
In this regard, Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, came into effect in March, 2005. This Regulation applies to all decisions made by the courts of Member States in matters of parental responsibility, and also encompasses cases where children are in the care of a Member State. Parental responsibility, for the purposes of the Regulation, includes issues such as custody and access, guardianship, the placement of a child in a foster family or in institutional care.
The Regulation creates a system of co-operation between central authorities of the Member States. These authorities are obliged to facilitate communications between the courts of the relevant countries and must facilitate agreements between those acting in loco parentis (including Member States) through mediation or other means. In Ireland, the Department of Justice and Equality act as the central authority for the Regulation .
