Catherine Murphy (Kildare North, Independent)
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Question 246: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on an amendment to family law that would allow for informal custody arrangements between separated and unmarried parents to be put on a solid legal footing without requiring the involvement of the courts; if he will further allow for the establishment of a central register that parents sharing joint custody of their children can join in order that both parents are entitled to give consent for medical procedures without having to be in possession of their guardianship papers to prove eligibility to give consent; and if he will make a statement on the matter. [4106/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Guardianship of Infants Act 1964, as amended by the Children Act 1997, already encourages parties to think in terms of agreeing to the custody arrangements for their child, the right of access to the child or any other question affecting the welfare of the child without the need for court interventions. Provisions in the Act of 1997 encourage, where appropriate, the effecting of a deed or agreement in writing by the parents on the matter. Where the parties enter into an agreement in writing that includes an undertaking to take custody of the child or there is a provision governing the rights of access of the parties to the child, an application may be made for an order making the agreement a rule of court. The order made is a form of register of the agreement and its effect is to provide a mechanism for the enforcement, where necessary, of the order. The exercise of guardianship rights such as custody, access or decisions about a child's health requirements and other matters affecting the welfare of a child are all matters that may be agreed between the parents. It is, of course, in the absence of agreement that the parents may apply to the court for its direction on any question affecting the welfare of the child and in giving such directions by order the court is required to regard the welfare of the child as the first and paramount consideration. A father's right, say, to apply to the court for custody or access to his child is not contingent on his being made a guardian.