Key sections of the Children and Family Relationships Act 2015 came into force on 18 January. The majority of the provisions included in the commencement order signed by Minister Frances Fitzgerald related to issues of guardianship, custody and access to children. PILA has previously written about this important new piece of legislation for family law in Ireland and can be accessed here.
Significantly, the legislation will allow for unmarried fathers to automatically become a guardian of their child provided they fulfil certain conditions. An unmarried father who is cohabiting with the mother of the child for at least 12 months, including 3 months following the child’s birth, will automatically acquire guardianship rights over his child. This provision is not retrospective however, and thus will only apply from the date of commencement. In further development of the law on guardianship, the new provisions will also allow for a person other than a parent to become a child’s guardian. Step parents, grandparents and those who have acted in loco parentis may now be eligible to apply for guardianship.
The rules surrounding custody of children are also affected by the new provisions. A parent’s spouse, civil partner or cohabitant of not less than 3 years will be able to apply for custody where s/he has shared parenting of the child for 2 years. A grandparent or other relative will be able to apply to court for custody of a child where s/he is an adult who has undertaken the child’s day to day care for more than 12 months and the child has no parent or guardian willing or able to act as guardian. A maintenance responsibility may also be imposed on a cohabiting partner for a partner’s child where the partner is a guardian of the child.
In all proceedings on guardianship, custody and access, the child’s best interests will be the paramount consideration for the court. On bringing these changes into effect, Minister Fitzgerald stated that the reforms recognise the increasing diversity of family life in Ireland and offer “21st century solutions for 21st century issues”.
Click here to read the Department of Justice’s summary of the new provisions.
Click here to access the full Act.