Dr. Carol Coulter:

We have not given the matter much consideration because it does not arise frequently. However, only last week one of our reporters attended a case where the placement had broken down and a young child was in care having previously been in the care of the mother. While I am not sure if the father was able because the court had not a chance to look at it, he was certainly willing to take responsibility. However, because he was not a guardian, the court did not have the legal basis to consider the father's position. Due to the fact that he fell just outside the threshold for legal aid, he was not legally represented and the issue of guardianship was not pursued as it should and could have been in the District Court by a lawyer representing him there and then. That is clearly one instance where that gap was very detrimental to the welfare of the child as well as to the rights of the father.