Tom Neville (Limerick County, Fine Gael)
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106. To ask the Tánaiste and Minister for Justice and Equality his views on a matter (details supplied); and if he will make a statement on the matter. [44356/17]

Charles Flanagan (Laois, Fine Gael)
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I refer the Deputy to my reply to his previous questions (nos. 323 & 325) of 20 September 2017 in which I stated that I do not propose to introduce legislation to provide for equal shared parenting as this may not be in the best interests of the child in every family situation, and particularly in cases where domestic violence is involved.

Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court to take into account in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. Section 31 of the 1964 Act sets out a wide range of factors and circumstances that the court is required to take into account when determining the best interests of the child in such proceedings. The courts shall have regard to all of these factors or circumstances that it regards as being relevant to the child concerned and his or her family and make its decision accordingly.

It would not be appropriate for me to enumerate the various and diverse family situations in which equal shared parenting would or would not be in a child’s best interests. It is a matter for the courts, in the context of proceedings under the 1964 Act, to determine the best interests of each child to whom such proceedings relate in accordance with the provisions of the Act and the Minister for Justice and Equality has no functions in that regard. 

It is also a matter for the courts when making orders under the 1964 Act 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.