Arthur Morgan (Louth, Sinn Fein)
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Question 907: To ask the Minister for Justice and Law Reform if legislation to introduce equality for parents in respect of access to children is being considered; when any such legislation will be brought before the Dáil; the measures that may be included in any proposed legislation; and if he will make a statement on the matter. [31902/10]

Dermot Ahern (Louth, Fianna Fail)
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Under the law as it stands, married parents are joint guardians of their child. If they separate, custody is normally with the parent with whom the child is intended to reside. The law makes no distinction between the access rights of the married mother and father.

Where a child is born outside marriage the mother is the sole automatic 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 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.

As part of its Third Programme of Law Reform 2008-2014, the Law Reform Commission published in September 2009 a consultation paper 'Legal Aspects of Family Relationships', in which it makes provisional recommendations on the rights and duties of parents in relation to guardianship, custody and access to their children. The Commission invited submissions on its provisional recommendations as part of the consultation process. The Commission's final report and recommendations, expected to be published later this year, will help to inform debate on the issues in advance of the formulation of any proposals for reform of the law in this area.