Joan Burton (Dublin West, Labour)
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Question 290: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the unprecedented levels of difficulty being experienced by fathers who are not in a marital relationship with the mother of their children in regard to access difficulties; if there are proposals for reform in the best interests of the child to provide protection under the law in respect of the right of unmarried fathers to have access to their children; and if he will make a statement on the matter. [28871/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Under section 11 of the Guardianship of Infants Act 1964, an unmarried father of a child may apply to the court for an order giving directions on any question affecting the welfare of the child including the question of access to the child. In making such orders the court has to regard the welfare of the child as the first and paramount consideration. Where appropriate and practicable, the Court in making any order takes into account the child's wishes in the matter having regard to the age and understanding of the child. In considering whether to make an order under section 11, the court, further to section 11D (as inserted in the Act of 1964 by the Children Act 1997) must have regard to 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 Act of 1964 (again by way of amendments in the Children Act 1997) encourages parties to a dispute in relation to a child to agree on the custody or guardianship of or access to a child. Prior to institution of proceedings the legal representatives of the parties must discuss with them the possibility of agreement. The Court may adjourn any proceedings to assist agreement between the parties. These legislative provisions are extensive. They permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests. I am of course aware of the concerns of fathers regarding custody and access rights and can assure the Deputy that the operation of the law in this area is being kept under review in my Department.