Written answers

Thursday, 6 February 2014

Department of Justice and Equality

Family Law Cases

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Independent)
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132. To ask the Minister for Justice and Equality in respect of family law cases, if a court can make a ruling on access in the absence of custody being determined; and if he will make a statement on the matter. [5925/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Under the Guardianship of Infants Act 1964, as amended, the court may, on application to it in that behalf, make orders in relation to guardianship and custody of, and access to, children. It is possible for a number of interrelated orders to be made in the same proceedings, depending on the circumstances of the case and the orders sought. Likewise, the court may choose to make only one of a range of orders applied for, such as in relation to access, if it considers that the circumstances so require. The court must regard the welfare of the child as the first and paramount consideration In making its decision in any such proceedings. The General Scheme of a new Children and Family Relationships Bill, which I forwarded to the Oireachtas Committee on Justice, Equality and Defence for consultation on 30 January 2014, proposes, among a number of other proposed reforming measures, that the best interests of the child would be considered by the court in decisions on custody and access.

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