’21st Century reforms’ to Irish family law commenced

Justice Minister Frances Fitzgerald has signed an order commencing key provisions of the Children and Family Relationships Act 2015 relating to guardianship, custody and access.

The “landmark reforms” will allow a person other than a parent to become a child’s guardian, extends the same rights to parents who are civil partners as those who are married, and places a child’s best interests as the paramount consideration for court proceedings on guardianship, custody or access.

Ms Fitzgerald said: “These reforms deliver on the Government’s commitment in the Programme for Government to modernise family law to accommodate the realities of family life. They offer 21st century solutions for 21st century issues.”

Under the new law, a parent’s spouse, civil partner or cohabitant of not less than three years will be able to apply for custody where they have shared parenting of the child for two years.

A grandparent or other relative will be able to apply to court for custody of a child where they are an adult who has undertaken the child’s day to day care for more than a year and the child has no parent or guardian willing or able to act as guardian.

Relatives of a child, such as grandparents or those acting in loco parentis, will be able to apply to have access to children more easily in the context of relationship breakdown.

The court can impose enforcement orders where a parent or guardian has been denied custody or access.

In addition, for the first time, unmarried fathers will automatically become guardians of their children if they meet a cohabitation requirement. This provision is not retrospective, so guardianship will only be acquired automatically where the parents live together for at least 12 months after 18 January 2016.

A maintenance responsibility may be imposed on a cohabiting partner for a partner’s child where the partner is a guardian of the child.

Ms Fitzgerald added: “These reforms recognise the increasing diversity of family life. They take a child-centred approach, making a child’s best interests the paramount consideration for a court in family law cases.

“In particular these changes in law recognise that many children are being reared by step-parents or by a parent’s cohabiting partner. Step-parents, civil partners and cohabiting partners will be able to apply to become guardians of a child or for custody. It will be easier for grandparents and other key people in a child’s life to apply for access.”