Seán Ó Fearghaíl (Kildare South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

368. To ask the Minister for Justice and Equality her views on the position of a family (details supplied); her plans to address this issue; and if she will make a statement on the matter. [6067/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There are two mechanisms under the current law through which a non-marital father can become a guardian of his children. If the mother agrees, the parents can jointly make a statutory declaration appointing the father as a guardian; alternatively, the father may apply to court to be appointed a guardian under Section 6A of the Guardianship of Infants Act 1964. The vast majority of such court applications are successful.

The Children and Family Relationships Bill which will be published very shortly, if enacted will ensure that more fathers are automatically the guardians of their children. Where the father lives with the child's mother for more than 12 consecutive months, of which at least 3 months are with the mother and the child after the child's birth, the Bill will provide that he will automatically be the guardian of the child. This will substantially improve the position of non-marital fathers generally, including in situations such as the Deputy has outlined.

Where a father is the guardian of his children or has a court order granting him custody, including shared custody, of the children, or there are proceedings pending, the Central Authority on Child Abduction may be able to provide assistance where the children are removed from the jurisdiction in breach of those rights of custody.

The procedures for dealing with situations of international parental child abduction involving countries which are party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction are set out in the Child Abduction and Enforcement of Custody Orders Act 1991. EC Regulation 2201/2003 supplements and supports the terms of the Hague Convention in instances of international child abduction between EU Member States excluding Denmark. The Deputy should note that the Hague Convention and EC Regulation 2201/2003 are applicable in the jurisdictions of Ireland and Northern Ireland. Further detail in relation to these instruments is available at www.justice.ie. under the "Youth Justice, Children and Family" heading.

A network of Central Authorities has been established in contracting states to facilitate applications for the return of children under the Hague Convention and the Irish Central Authority for International Child Abduction is located in my Department. The contact details for the Irish Central Authority are:

Central Authority for International Child Abduction

Department of Justice and Equality

Bishop's Square

Redmond's Hill

Dublin 2

Phone: 01 479 0200

Email: internationalchildabduction@justice.ie