Children’s rights experts and advocates have welcomed new reforms introduced by the Minister for Justice today which will radically change fathers’ rights in Ireland.

 

The reforms, introduced by Minister Frances Fitzgerald under the Children and Family Relationship Act, allow fathers the right to automatically become a child’s guardian for the first time, once they fulfil specific cohabitation requirements.

 

The new reforms mark a very significant change to family law in Ireland, also recognising the role of grandparents and other relatives in the life of the child.

 

 

Under the new reforms:

  • Unmarried fathers automatically become guardians if they live for 12 months with the child’s mother. This change is not retrospective, and includes the three-month period after a child’s birth;
  • A parent’s spouse/civil partner, of not less than three years, can apply for custody where they have shared parenting of that child for two years;
  • A grandparent/other relative can apply to court for custody where they have cared for the child on a daily basis for at least 12 months, where the child has no parent or guardian ;
  • Children co-parented by civil partners have the exact same protections as they would under marriage;
  • The court can impose enforcement orders where a guardian is denied access, requiring them to get compensatory time with the child, or that both parties attend parenting programmes.

Announcing the changes today, Minister Fitzgerald said: “These reforms recognise the crucial role of parents and the need for a child to maintain meaningful relationships with both parents.”

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