Vol. 542 No. 6
261 Mr. B. Hayes asked the Minister for Justice, Equality and Law Reform if he has satisfied himself with the way in which access orders are being implemented, especially regarding separated men; if he is proposing changes to the law in this area; and if he will make a statement on the matter. [25635/01]
Section 5 of the Courts (No. 2) Act 1986, as amended, provides that, without prejudice to the law as to contempt of court, any person having the actual custody of a child who has been given or shown a copy of a custody or access order relating to that child and who fails or refuses to give up the child to the person who has been granted custody or to allow the person entitled to access to have such access, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both such fine and such imprisonment.
It is, of course, open to the guardian of a child to apply to the District Court or Circuit Court for its direction on any question affecting the welfare of the child and the court may make such order, including an access order, as it thinks proper. The court is required to regard the welfare of the child as the first and paramount consideration.
Family law is kept under review in my Department and I will be happy to consider any specific suggestions which the Deputy has to make.
