FAR-REACHING CHANGES in the law relating to the rights of non-marital fathers, step-parents and members of a child’s extended family are discussed in a consultation paper from the Law Reform Commission.
One of the main recommendations is that unmarried fathers should automatically be guardians of their children, unless this was not in the interests of the child.
Ray Kelly, of Unmarried and Separated Fathers of Ireland, welcomed the broad thrust of the paper, and said he was optimistic for change.
“I would like to see unmarried fathers having automatic rights except in cases of incest and rape,” he said.
The paper, on the “Legal Aspects of Family Relationships”, was launched yesterday by High Court judge Mr Justice Liam McKechnie.
After consultation, the commission will prepare a report proposing legislative change. In this paper it makes a number of provisional recommendations: that the terms “guardianship” and “custody and access” be replaced with “parental responsibility” and “day-to-day care and contact”, in accordance with the law elsewhere, and to reflect the focus on the rights and welfare of the child.
It provisionally recommends measures to encourage non-marital fathers to register on the Register of Births. An estimated 20 per cent of births to unmarried women have no father registered. The non-registration of the father contravenes the right of a child to its identity, the commission notes.
It considers that one reason for the absence of the father’s name on the register is the incorrect assumption that this automatically grants guardianship rights or parental responsibility, and could have implications for the mother’s right to lone parent’s allowance. This could be addressed by a statutory clarification that it does not give rise to such automatic rights, it suggests. It invites submissions on whether there should be a statutory duty on a registrar to ask a mother who comes in alone to register a birth whether she wishes to include the father’s details on the birth certificate. It is also seeking submissions on whether there should be compulsory joint registration of parenthood.
The commission is also seeking changes in the presumption that the child of a married couple is the child of the husband, except in very limited circumstances. It points out this presumption exists even when the couple has lived apart for decades without formalising separation, and the wife has no idea where the husband is; or where he is in prison or abroad.
It provisionally recommends extending the right to apply for custody or day-to-day care to people other than parents or guardians, where the parents are unwilling or unable to exercise their responsibilities.
This can occur where the parent is ill or in prison, or has addiction or mental health problems. The commission notes that a number of grandparents are de facto guardians in this situation, but do not have the right, for example, to give permission for medical treatment.
It is seeking submissions on whether there should be a procedure whereby a step-parent could apply for guardianship.
The commission invites submissions on whether a child should be able to apply for contact with the non-resident parent or with members of the extended family.