Brendan Griffin (Kerry, Fine Gael)
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106. To ask the Minister for Justice and Equality if court ordered access to children in family law will be reviewed in view of the persistent breaches by the parent with custody that go without any court sanctions; and if she will make a statement on the matter. [8600/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding access to the child. A court may also make an order under section 11 when granting a judicial separation or divorce. Section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where access to a child is in question.

The law places an emphasis on recognising the rights of the child to the society of both his or her parents. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis. Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in access matters, having regard to the age and understanding of the child.

Section 56 of the Children and Family Relationships Act 2015 inserted a new section 18A into the Guardianship of Infants Act 1964. Section 18A provides that where a parent or guardian of a child has been granted access to the child under the 1964 Act, but he or she has been unreasonably denied such access by another guardian or parent, that person may apply to court for an enforcement order.

The court shall make an enforcement order only where the court considers that access was unreasonably denied, an enforcement order would be in the best interests of the child, and it is appropriate in the circumstances of the case to make an enforcement order. An enforcement order may provide for:

- granting the applicant additional time with the child to help rebuild or strengthen their relationship if it has been disrupted by the denial of access;

- requiring the parent or guardian who denied access to repay the applicant the necessary expenses he or she incurred in trying to exercise access;

- requiring either or both the applicant and the parent or guardian who denied custody or access to undertake a parenting programme or family counselling, or receive information about the possibility of availing of mediation.

The court may not make an order granting additional time with the child unless the child has had the opportunity to make his or her views known and the court has taken them into account.

As Minister for Justice and Equality, I have no role in the enforcement of court orders. This is the function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions. However, the operation of the law in this area is kept under ongoing review by my Department.