Clare Daly (Dublin North, Socialist Party)
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Question 112: To ask the Minister for Justice and Equality further to comments made by him in Dáil Éireann on 7 June, 2011 (details supplied) if he accepts that many fathers who try to take responsibility for their children and to form and cement relationships with their children, or to involve themselves in their children's lives, are thwarted by the failure of schools and hospitals to give due regard to their status as guardians as well as the failure of the Family Law Courts to enforce the court orders that they grant; and if he will make a statement on the matter. [29841/12]

Alan Shatter (Dublin South, Fine Gael)
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Persons who feel they have been discriminated against in access to services on the basis of their family status and/or civil status may avail of the redress mechanism provided under the Equal Status Acts 2000 to 2011 and refer a complaint to the Equality Tribunal. Information and advice is available from the Equality Authority in respect of this legislation and on making such complaints. In view of the independence of these agencies in the exercise of these statutory functions, the Deputy will appreciate that it is not appropriate for me to comment on any particular case.

In the event of non-compliance with a court order, parties may bring any breach to the attention of the court. The court can only act to enforce or vary an order where the matter is brought back before the court. I made the comments referred to by the Deputy in the context of a debate on non-marital fathers and guardianship in which I also stated that: "there is no major obstacle to the biological father of a child being named as the guardian of the child in circumstances in which the father has an established relationship with that child."

For the very many fathers who take responsibility and who form relationships with their children, there are simple measures they can take to secure their legal responsibilities in relation to the child: either by making a statutory declaration referred to in section 2(4) of the Guardianship of Children Acts 1964-1997 together with the child's mother appointing the father as a guardian, or in the absence of agreement between the parents, by seeking a court order appointing the father as a guardian under section 6A of the Acts.