Barry Ward (Dún Laoghaire, Fine Gael)
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507. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to a case of guardianship issues for persons (details supplied); the actions he will take to address cases such as this; and if he will make a statement on the matter. [9221/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy will be aware, the Guardianship of Infants Act 1964 sets out the current law relating to guardianship in line with Article 42A of the Constitution, which requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.

A very significant modernisation of the law in this area was brought about in 2015 with the enactment of the Children and Family Relationships Act 2015, which amended extensively the 1964 Act. Section 31 of the 1964 Act, as inserted by the Children and Family Relationships Act 2015, sets out a wide range of factors that the court is required to take into account when determining the best interests of the child in such proceedings.

In cases where difficulties arise from the absence of agreement between parents or guardians, for example in relation to health or education issues, section 11 of the Guardianship Act allows for an application to be made to the District Court for a direction on a question affecting the welfare of the child. In addition, section 14(3) of the Passports Act 2008 allows a court to direct that a passport may be issued without the consent of the guardian who is not consenting.