Dáil Éireann Debate, Tuesday - 14 July 2020
950. Deputy Marian Harkin asked the Minister for Justice and Equality the impact the EU Court of Justice ruling C-335/17 has had on Irish legislation; her plans to update legislation to bring it into line with the ruling; and if she will make a statement on the matter. [15638/20]
Amharc ar fhreagraThe judgment of the European Court of Justice in Case C-335/17 relates to a request for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union from the Varhoven Kasatsionen Sad (Supreme Court of Cassation, Bulgaria). The request for a preliminary ruling was made in relation to the interpretation of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (the Brussels IIA Regulation). The ECJ judgment confirms that the Brussels IIA Regulation applies to cases concerning rights of access to a child by a wide family circle including the child’s grandparents and that, according to Article 8 of that Regulation, jurisdiction to examine such an application lies with the courts of the Member State in which the child was habitually resident at the time when the court was seized.
The Brussels IIA Regulation has direct effect in Irish law, with the European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005) making necessary provision for the good administration of the Regulation. The Irish courts will take consideration of the Regulation in cases where there is any dispute as to which Member State has jurisdiction to hear an application to which the Regulation applies.
The ECJ judgment has no effect on Irish legislation. The Deputy may wish to note that the Children and Family Relationships Act 2015 is a child–centred Act which implemented reforms in family law to recognise the crucial role of parents and other relatives, including grandparents, in a child's life.
The 2015 Act extensively amended the Guardianship of Infants Act 1964 in relation to guardianship, custody and access. A grandparent or other relative may apply to court for custody of a child where he or she is an adult who has undertaken the child’s day to day care for more than 12 months and the child has no parent or guardian willing or able to act as guardian. The 2015 Act has also made it easier for relatives of a child, such as grandparents, to apply to court under section 11B of the 1964 Act to have access to children.
Section 25 of the Guardianship of Infants Act 1964 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 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court to take into account in any proceedings where access to a child is in question. It is a matter for the courts, when making decisions on access, to determine the best interests of the child and to decide whether or not to make an order regarding access to the child.
