Michael D'Arcy (Wexford, Fine Gael)
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Question 34: To ask the Minister for Justice, Equality and Law Reform his plans for legislative initiatives in the area of fathers' rights; and if he will make a statement on the matter. [32808/08]

Dermot Ahern (Louth, Fianna Fail)
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There is already extensive legislative provision with respect to fathers in the family law code. 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 is intended to reside, 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. Section 11 of the Guardianship of Infants Act provides that the guardian of a child or the unmarried father of a child, even if he is not a guardian, may apply to the court for its direction on any question affecting the welfare of the child, including orders on custody and access. In making such orders and, in determining whether an unmarried father should be appointed guardian, the court has to regard the welfare of the child 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 father and mother: Section 11D of the 1964 Act (inserted by the Children Act 1997) 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. These legislative provisions are comprehensive. 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.