Oireachtas Joint and Select Committees

Wednesday, 9 April 2014

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Children and Family Relationships Bill 2014: Discussion

10:20 am

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

It would be very helpful to get that submission.

In respect of heads 10 and 12 of the Bill, the Law Society gives the non-biological father the ability, with the consent of the mother, to have guardianship or co-guardianship. That raises a problem in respect of the biological father who would have to have lived with the mother for 12 consecutive months prior to the birth but that standard is not applied to the non-biological father. I can see difficulties here based on my own life experience. I know people who are very young who have a child together without living together. The child might live with the mother's parents in their home. The father is willing and enthusiastic to accept his responsibilities but if the couple break up he would have no rights under this head, if I interpret it correctly. His rights would be denied. The Law Society has pointed out a real issue and I would like more clarification on that.

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