Oireachtas Joint and Select Committees

Wednesday, 13 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Dr. Geoffrey Shannon:

When the Children and Family Relationships Act 2015 was introduced a commitment was made to a review within a period of time of the issue of guardianship. This issue was front and centre of the debate when the legislation was being discussed. A commitment was given at the time on having a register of guardians. It would be a hugely important document because guardianship is the gateway to so many other rights. This was to be reviewed. There needs to be an examination of how we can ensure parents who have direct involvement in children's lives get the legal rights commensurate with their involvement. Rights should equal responsibilities. It needs to be scoped out and I am reluctant to make a definitive statement today. It is worthy of exploration. It should be viewed in two stages.

I support Treoir's recommendation on having a register of guardians. What happens if people agree to be guardians but lose the hugely important form? If we had a register of guardians they could access it. It is a very substantial right that is the gateway to custody and access. I suggest if the committee were disposed to making a recommendation on guardianship perhaps the starting point might be on the register of guardians, which was hotly debated at the time of the Children and Family Relationships Act, and then scope out the options available for enhanced guardianship rights. There is some legitimacy in the arguments being advanced that we need to look at this issue and the different roles we all play in raising children. If we had a system built around children we would not be getting exercised about guardianship issues, we would be getting exercised about ensuring that the parents looking after the child have the legal rights to ensure it happens.

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