2282. Deputy Ruth Coppinger asked the Minister for Justice, Home Affairs and Migration his plans to legislate for how guardianship rights are determined when a parent has been accused of intimate partner violence (details supplied); and if he will make a statement on the matter. [60316/26]

The Guardianship of Infants and Child Care (Amendment) Act 2026 was signed into law by President Connolly on 21 July 2026 and will allow for the removal of guardianship rights of a person who has been convicted of killing the other parent of their child. The primary aim of the legislative changes under the Act is the promotion of child protection and welfare. The Court will be required to consider in these cases whether a revocation of guardianship would be in the best interests of the child.

It is not planned at the moment to make further changes to the 1964 Act in this regard, however I would like to assure the Deputy that all legislation is this area is kept under review to ensure that it remains effective and that any further changes needed to protect victims and hold perpetrators to account are considered. The legislation will be reviewed in accordance with Oireachtas Standing Orders and a report laid before the houses one year following its enactment.

The Deputy will be aware that Article 42A.4 of the Constitution 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. The Article requires that provision be made by law for securing, as far as practicable, that in all such proceedings in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.

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 in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question.

However, it is important to note in the context of a situation where an issue such as violence or harm arises, Section 11 of the Act allows the court on application of a guardian to apply to the court for its direction on any question affecting the welfare of the child – the court may under that section make such order as it thinks proper regarding the custody of the child and the right of access to the child of each of his or her parents. In addition 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.

Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child’s wishes in such proceedings, having regard to the age and understanding of the child. Section 31 of the 1964 Act 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. 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.

Section 32(1) of the 1964 Act provides that in any such proceedings, the court may do either or both of the following:

(a) give directions for the purpose of procuring a written report from an expert on any question affecting the welfare of the child; or

(b) appoint an expert to determine and convey the child’s views.

Section 47 of the Family Law Act 1995 provides that the Circuit Court or High Court may order a report in writing on any question affecting the welfare of a party to family law proceedings or any other person to whom they relate.