Written answers

Thursday, 26 January 2012

Department of Justice, Equality and Defence

Custody Rights

5:00 pm

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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Question 167: To ask the Minister for Justice and Equality the rights of an unmarried father in terms of access to his children; and if he will make a statement on the matter. [4597/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Under section 11 of the Guardianship of Infants Act 1964, an unmarried father of a child, whether or not he is a guardian of the 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.

Comments

Cathal Garvey
Posted on 31 Jan 2012 1:56 am (Report this comment)

Minister Shatter effectively avoids the question. An unmarried father has NO RIGHTS. He has the right to apply for rights but the Court will allow him rights having regard to the childs "best interests". As there is no actual definition of a childs "best interests", it depends on the humor of the particular judge that the unmarried father happens to appear in front of.

I notice Minister Shatter has made no reference whatsoever to the Law Reform Commission recommendations referred to by Joan Burton at http://www.kildarestreet.com/wrans/?id=2012-01-26.989.0. Does that mean that automatic guardianship for unmarried fathers is dead in the water?

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