Oireachtas Joint and Select Committees

Thursday, 5 March 2015

Select Committee on Justice, Defence and Equality

Children and Family Relationships Bill 2015: Committee Stage

9:30 am

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

I move amendment No. 60:

In page 93, between lines 25 and 26, to insert the following:“Amendment of section 113 of Act of 2010

145.Section 113 of the Act of 2010 is amended—
(a) by designating the section as subsection (1), and

(b) by the insertion of the following subsection after subsection (1):
“(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.”.”.

The amended version of section 145 is the same in substance as the previous version, with the important modification that it additionally specifies that, under section 6B of the Guardianship of Infants Act 1964 - as inserted by section 45 of this Bill - guardianship of a civil partner who is a parent will be unaffected by the subsequent dissolution of the civil partnership. This has the same effect as provisions in the Family Law (Divorce) Act specifying that the divorce of parents does not affect their status as guardians of their children.

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