Jim O'Callaghan

Ministers have approved the general scheme of the Guardianship of Infants (Amendment) Bill 2025, which sets out a number of proposed amendments to the Guardianship of Infants Act 1964.

It would require the Child and Family Agency to bring an application to court within six months of the conviction of a parent or guardian of a child for murder or manslaughter of another parent or guardian of the child.

After receiving such an application, the court would make an order either removing or confirming the convicted parent or guardian.

The legislation — which will not be retrospective — follows a commitment in the programme for government and reflects the recommendations of a 2023 report on familicide and domestic and family violence.

Justice minister Jim O’Callaghan said: “Our laws must reflect the gravity of these offences. This is above all about the welfare and protection of children.

“It is my view that issues arising around guardianship of children in a situation where one parent kills the other should not be regarded as a matter of private law to be determined between the families concerned but should be regarded as a child protection and welfare issue arising in the public law arena.

“This proposed legislation upholds a fundamental principle — those convicted of the most serious crimes should not retain automatic legal authority over the children they have left behind.”

The general scheme of the bill will be referred to the relevant joint Oireachtas committee for pre-legislative scrutiny, after which drafting will commence.

Mr O’Callaghan said: “Pre-legislative scrutiny is an important process in our parliamentary system. I look forward to the outcome of those discussions.

“I thank my government colleagues for their support.”