Enda Kenny (Mayo, Fine Gael)
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Question 83: To ask the Minister for Justice, Equality and Law Reform his proposals to review the rights of fathers in the context of family law here; and if he will make a statement on the matter. [26888/09]

Dermot Ahern (Louth, Fianna Fail)
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Existing legislation makes extensive provision for fathers with respect to their children.

Under section 6 of the Guardianship of Infants Act 1964, the mother and father of children born within marriage are the joint guardians of their children. Under section 6A of that Act, as inserted by section 12 of the Status of Children Act 1987, 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 Act, as inserted by section 4 of the Children Act 1997, conferring on the father the status of guardian.

Under section 11 of the 1964 Act, a guardian may apply to the court for its direction on any question affecting the welfare of the child, including directions as to custody and access. In addition, the section provides that the unmarried father of a child, even if he is not a guardian, may apply to the court for orders on custody and access. Section 3 of the Act provides that, in deciding on an application relating to the custody, guardianship or upbringing of a child, the court shall regard the welfare of the child as the first and paramount consideration.

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.

There are no proposals to amend the law in this area although I can say that its operation continues to be kept under review.