John Perry (Sligo-Leitrim, Fine Gael)
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Question 502: To ask the Minister for Justice, Equality and Law Reform his plans to revise family law with regard to fathers' rights and for compulsory mediation based on enunciated principles of fairness for a range of different situations as a prerequisite before any court appearances; and if he will make a statement on the matter. [32535/05]

Joe Costello (Dublin Central, Labour)
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Question 530: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the various organisations such as Parental Equality, Parents against Discrimination, Unmarried and Separated Fathers and Treoir; if his attention has been drawn to the fact that they are critical of the current administration of family law, especially where it relates to men and grandparents; and if he will make a statement on the matter. [32830/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 502 and 530 together.

Under the law as it stands, married parents living together are joint guardians and custodians of their child. If they separate, the custody is normally with the parent with whom the child primarily resides, but the other parent still remains a guardian.

An unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act 1964, as inserted by section 4 of the Children Act 1997, appointing the father as a guardian of his child, without having to go to court.

Under section 11B of the 1964 Act, as inserted by section 9 of the 1997 Act, any person who is related to a child, including a grandparent, or any person who has acted in loco parentis to a child, may apply to the court for leave to apply for access to the child. In deciding on such applications, the court will have regard in particular to the applicant's connection with the child, the risk, if any, of the application disrupting the child's life to the extent that the child would be harmed by it, and the wishes of the child's guardian.

In all family law proceedings relating to the upbringing of a child, the court must always regard the child's welfare as the first and paramount consideration. Where appropriate and practicable, the court will also take into account the child's wishes in the matter having regard to the age and understanding of the child. In addition, the law now places an emphasis in terms of recognising the rights of the child to the society of both his or her parents. Section 11D of the 1964 Act, inserted by the 1997 Act, obliges the court in proceedings relating to the welfare of a child to consider whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.

The 1997 Act also provides for an emphasis on counselling and mediation as alternatives to court proceedings concerning the custody of and access to children. It encourages couples who are in dispute to think in terms of agreeing to the custody of and access to their children, without the need for court interventions. Before instituting proceedings for guardianship, custody or access, a solicitor must discuss with the parent the possibility of engaging in counselling and mediation to assist in effecting an agreement between the parties. The court may adjourn any proceedings for the purpose of enabling attempts to be made by the parties to reach agreement, with or without the assistance of a third party, on some or all of the issues in dispute. An agreement in writing between parties relating to custody, access or maintenance can be made a rule of court and thus become enforceable in the same way as if it were a court order. Mediation on the various issues is by its nature a voluntary act to be undertaken by two persons who are in dispute.

The Family Support Agency, operating under the aegis of the Department of Social and Family Affairs, following the enactment of the Family Support Agency Act 2001, brings together programmes designed to support ongoing parenting relationships for children. Its functions include the provision of a family mediation service, both directly or through support for others providing these services, and the administering of grants for such purposes.

As regards the hearing of family law cases in general, the in camera rule has recently been relaxed in that the law now allows certain classes of persons to attend family law cases to draw up and publish reports, subject to certain safeguards including a requirement that the parties to a case or any relevant child would not be identifiable. I am aware of the concerns of men and fathers in the area of family law. Operation of the law in this whole area is being kept under review in my Department.