Dáil Éireann Debate, Wednesday - 5 July 2017
146. Deputy James Browne asked the Minister for Justice and Equality the position regarding fathers of children who do not receive equal recognition with mothers in child access cases under family law; and if he will make a statement on the matter. [31783/17]
View answer147. Deputy James Browne asked the Minister for Justice and Equality his plans to address potential discrimination against fathers of children in child access cases under family law; and if he will make a statement on the matter. [31786/17]
View answerI propose to take Questions Nos. 146 and 147 together.
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 the custody of a child or the right of access to the child.
Section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. The best interests of a child are to be determined in accordance with Part V of the 1964 Act, 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.
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 also requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in custody and access matters, having regard to the age and understanding of the child.
Section 12A of the 1964 Act (inserted by section 58 of the Children and Family Relationships Act 2015) provides that in making any order under the Act, the court may impose such conditions as it considers to be necessary in the best interests of the child.
It is a matter for the courts when making orders under the 1964 Act in relation to matters such as the guardianship, custody or upbringing of, or access to, a child to consider whether or not any conditions should be attached to such orders. I have no role in the making of court orders, as this is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.
While I have no plans at present for further amendment of the Guardianship of Infants Act 1964, the operation of the law in this area is kept under ongoing review by my Department.
