Tom Neville
Question:323. Deputy Tom Neville asked the Minister for Justice and Equality his views on a matter (details supplied); and if he will make a statement on the matter. [39489/17]
View answerWednesday, 20 September 2017
Questions (323, 325)
Tom Neville
Question:325. Deputy Tom Neville asked the Minister for Justice and Equality the sanctions that can be imposed on a parent who persistently, frequently and repeatedly frustrates, denies or cancels a child’s court-ordered access with his or her other parent to ensure that the child is not alienated from his or her other parent; and if he will make a statement on the matter. [39497/17]
View answerWritten answers
I propose to take Questions Nos. 323 and 325 together.
I do not propose to introduce legislation to provide for equal shared parenting as this may not be in the best interests of the child in every family situation, and particularly in cases where domestic violence is involved.
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 consideration of cases or 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.
The Children and Family Relationships Act 2015 made provision to assist parents who need to return to court because the other parent has breached a court order in relation to custody of or access to a child. Section 56 of the 2015 Act inserted a new section 18A into the Guardianship of Infants Act 1964. This provides that where a parent or guardian of a child has been granted custody of or access to the child under the 1964 Act, but he or she has been unreasonably denied such custody or access by another guardian or parent, that person may apply to court for an enforcement order. Under section 18A(4) of the 1964 Act, it is a matter for the courts to decide on the terms of any enforcement order and I have no role in such matters.