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Dáil

Written answer

Proposed Legislation

728. Deputy Pat Buckley asked the Minister for Justice, Home Affairs and Migration if he intends to consider an amendment to the Guardianship of Infants (Amendment) Bill 2026 that would extend the guardianship review mechanism to cases where a family court has made a finding, supported by independent professional assessment, that children are living in circumstances of abuse or serious psychological harm attributable to the resident parent; and if he will make a statement on the matter. [37113/26]

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Jim O'Callaghan Minister for Justice, Home Affairs and Migration Fianna Fáil

The Guardianship of Infants (Amendment) Bill 2026 is scheduled to be taken at Second Stage in Dáil Éireann on 21 May 2026, with Committee Stage to follow thereafter.

The purpose of the Bill is to implement a commitment in the Programme for Government arising from recommendations contained in the Study of Familicide and Domestic and Family Violence Death Reviews. The measures contained in the Bill are specifically directed towards that objective. The proposal referred to by the Deputy would represent a significant broadening of the scope of the Bill.

I would note, however, that existing legislation already provides mechanisms to address circumstances where concerns arise regarding the welfare or safety of a child in the context of family law proceedings.

Where it appears to a court that there may be a risk to a child, the court may, of its own motion or on application by any person, direct the Child and Family Agency to investigate the child’s circumstances.

Pending the outcome of such an investigation, the court may make directions regarding the care and custody of the child. Following investigation, the Child and Family Agency may apply for a care order, supervision order or take such other action as may be considered appropriate in the interests of the child.

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