Michael McGrath (Cork South Central, Fianna Fail)
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110. To ask the Tánaiste and Minister for Justice and Equality if a family law court may include a condition in a court order to the effect that a person may not leave the jurisdiction with the children concerned; and if he will make a statement on the matter. [29416/17]

Charles Flanagan (Laois, Fine Gael)
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Under section 11 of the Guardianship of Infants Act 1964, the guardian of a child may apply to the court for an order giving directions on any question affecting the welfare of the child, including the custody of, and access to, the child and the payment of maintenance. 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 custody of, or access to, the child.

In relation to the guardianship, custody or upbringing of, or access to, a child, section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in these proceedings. The best interests of a child are to be determined in accordance with Part V of the 1964 Act, inserted by section 63 of the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents. Section 25 of the 1964 Act also requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in custody and access matters, having regard to the age and understanding of the child.

Section 12A of the 1964 Act (inserted by section 58 of the Children and Family Relationships Act 2015) provides that in making any order under the Act, the court may impose such conditions as it considers to be necessary in the best interests of the child. The court may, where it considers it necessary and appropriate in order to protect the best interests of the child, including his or her right to the care and custody of both of his or her parents, impose conditions in relation to the holding of the passport of a child.

It is a matter for the courts when making orders in relation to matters such as the guardianship, custody or upbringing of, or access to, a child to consider whether or not any conditions should be attached to such orders. I have no role in the making of court orders, as this is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.