Vol. 571 No. 1
1164 Ms Shortall asked the Minister for Justice, Equality and Law Reform the plans he has to strengthen the position of fathers under family law in order that they are placed on an equal footing to mothers; and if he will make a statement on the matter. [20190/03]
I propose to take Questions Nos. 1164 and 1227 together.
Under section 6 of the Guardianship of Infants Act 1964, both the mother and father of children born within marriage are the joint guardians of their children. In relation to children born outside marriage, the mother is the sole guardian. However, under section 6A of the 1964 Act, as inserted by section 12 of the Status of Children Act 1987, an unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Act, as inserted by section 4 of the Children Act 1997, conferring on the father the status of guardian. Section 8(4) of the Guardianship of Infants Act provides that a guardian holding office by virtue of these provisions may be removed only by the court.
Section 11 of the Guardianship of Infants Act provides that the guardian of a child or the unmarried father of a child, even if he is not a guardian, may apply to the court for its direction on any question affecting the welfare of the child, including orders on custody and access.
