Dáil Éireann Debate, Tuesday - 21 February 2017
102. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality her views on the fact that equal recognition is not being afforded to both parents in family law child access cases; her plans to review the current child access laws; and if she will make a statement on the matter. [8482/17]
View answerSection 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where access to a child is in question.
The best interests of a child are to be determined in accordance with Part V of the Guardianship of Infants Act 1964, inserted by section 63 of the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents.
Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding access to the child. A court may also make an order under section 11 when granting a judicial separation or divorce.
The law places an emphasis on recognising the rights of the child to the society of both his or her parents. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis.
Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in access matters, having regard to the age and understanding of the child.
While I have no plans for amendment of the above-mentioned provisions regarding access to children at present, the operation of the law in this area is kept under ongoing review by my Department.
