asked the Minister for Foreign Affairs if, having regard to the several cases of hardship to children arising from the rule which requires the written consent of both parents to the issue of passports in respect of children, particularly where parents are living apart although not legally separated, steps will be taken to relax that restrictive provision; and, if not, why.
Ceisteanna—Questions. Oral Answers. - Children's Passports.
11.
The primary purpose of the rule is to protect the interests of the child. Furthermore, the father and mother of an infant are guardians of the infant jointly under section 6 (1) of the Guardianship of Infants Act, 1964. The rights of either parent are not affected by an informal separation.
In very exceptional circumstances where one parent's consent cannot be obtained through difficulty in locating the parent and such consent has not been refused my Department is prepared to consider a possible waiver provided the interests of the child appear to require it.
Am I to understand that, in fact, the discretion to grant a waiver is available to the Minister?
I understand it is in very exceptional circumstances. That would be usually where one parent was absent for a long time without communication or where the whereabouts of the absent parent were not known. This happens from time to time.
Would the Minister consider that where the mother is working to maintain her children, and is doing so without any assistance or co-operation from her husband, this is a case where this concession might be granted? This would enable the mother to take her children with her when she goes on holiday. Would it be considered an exceptional case where the mother is in good employment in Canada, where the children want to join her and have, in fact, run away from the father? In this instance the mother is unable to take the children to Canada because the father, who will not contribute one penny towards maintenance, is proving difficult simply for the sake of thwarting his wife. Surely these are cases where the interests of the children, as evidenced by medical opinion, require that the consent of the father should not be insisted upon?
The Deputy is a lawyer and he will appreciate that, where there is merely informal separation, the legal rights of both parents remain unaffected. I take it that the Deputy is talking about cases of informal separation?
Yes.
I think in the circumstances mentioned by the Deputy exceptions could be, and have been, made and he might bring any cases to the notice of the Minister.
The Minister will understand that people are reluctant to undertake the expense and embarrassment of litigation in the High Court.
I appreciate that but, at the same time, it must be stated that informal separation does not affect the joint rights of both parents.
I am calling Question No. 12.