Joanna Tuffy (Labour)

I move amendment No. 11:

In page 6, between lines 18 and 19, to insert the following:

"(e) a person who, in the opinion of the court, has a bona fide interest in the child.".

This amendment is suggested because the section is far more limited than section 37(1) which allows a broader category of interested persons, for example, relatives, if they are not the natural parents to apply for conditions to be added to the order under the Bill. There should be similar flexibility in this section. An obvious relative is the grandparent.

Given how society has developed, grandparents are playing a greater role in children's lives. There are many reasons for this. It can occur in different circumstances, including when there are problems in the relationship between the children and the parents. Often the grandparents are there for the children. This could include grandparents on the non-custodial parent's side. One cannot make a judgment on why a parent is or is not the custodial parent because there can be many reasons for it. Again, the grandparents fit into that picture. Non-custodial grandparents could play a large role in the child's upbringing and might have an interest in seeking an order under this section.

I do not know the extent to which one should legislate with regard to grandparents but this issue is being examined in other jurisdictions and it should be considered here. When families break down or, for some reason, a parent is not available, it is often the grandparents who step in to look after the child. We must provide in the legislation for where they might undertake a role.

It will be probably necessary to re-examine the definitions relating to parents. What if the parents are married and the father is the guardian by law but is not the custodial parent? Where do his guardianship rights stand if he is not included in this legislation? This relates to what I said on Second Stage. Senator Henry is correct that we will have to do what other countries have done and re-examine all these areas. Australia, for example, has conducted studies and consultations and produced White Papers and subsequent legislation dealing with these matters. Society is changing and is very different from what it was ten or 15 years ago. We must respond to that.

I agree with the suggestion regarding unmarried fathers, that we introduce the legislation that is due to be introduced in Britain whereby if a father is named on the birth certificate, and he must get the mother's consent to be so named, he should have automatic guardianship rights. Fathers automatically have guardianship if they are married.