Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

That is precisely what happens at present. The father must go to court where a decision is made. This Bill is based on the best interests of the child and a range of considerations apply, including the ongoing relationship that the child would have with both parents. My understanding is that the vast majority of guardianships in those circumstances are granted in the courts but not all are. Clearly, there are cases where the court considers that it is not in the best interest of the child to go in that direction.