Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

This is an important question. The issue to which it relates is sensitive in terms of how it can be dealt with. The guardianship of infants is set out through regulation and law under the Guardianship of Infants Act 1964. A significant modernisation of the law in this area was brought about in 2015, with the enactment of the Children and Family Relationships Act 2015. This legislation extensively amended the Guardianship of Infants Act 1964. The amended Act aligns with Article 42A of the Constitution, which requires that provision be made by law that the best interests of the child shall be the paramount consideration in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child.

Section 31 of the Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child in such proceedings. In cases where difficulties arise from the absence of agreement between parents or guardians, for example in relation to health or education issues, or passport issues as the Deputy mentioned, section 11 of the Act allows for an application to be made to the District Court for a direction on a question affecting the welfare of the child.

More generally, my Department is leading a programme of family justice reform as set out in the first family justice strategy, which focuses on the needs and rights of children and providing the assistance parents need when making decisions that affect all of the family. The actions outlined in the strategy stress the centrality of children to many family justice matters and the need to ensure that their best interests are considered, in conjunction with their constitutional rights. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025. A number of these actions have already been completed and I would be pleased to provide further updates to the Deputy on this work as he requires.

I am very conscious of what the Deputy has said about the difficulty that can arise in respect of where one parent is not involved and there is an obligation for permission from both parents. That can create significant difficulties, particularly when no involvement from the other parent is ongoing in the child’s life. This is a sensitive issue. I would be interested to hear what the Deputy has to say in respect of proposals. I will consider whatever he does have to say.

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