Fathers’ parental rights must be backed by national register, says FG

FINE GAEL has called for a national register of joint guardianship agreements that would give unmarried fathers greater parental rights.

Unmarried fathers can at present become guardians of their children, with the mother’s consent, if both parents complete a statutory declaration in the presence of a peace commissioner, commissioner for oaths or notary public.

However, if the mother doesn’t agree to this, the father must still apply to court to be made a guardian.

In 2004, 1,237 applications for legal guardianship were made to the courts and 862 were granted. Thirty-eight were refused and 337 were withdrawn or thrown out. In total, 16,000 children were born to unmarried parents in the same year.

Fine Gael has said fathers who have completed declarations are still at risk of losing parental rights if the document goes missing or is destroyed, as guardianship cannot be proved.

“We need a national register to record these declarations as serious problems have occurred in the past. If the child’s mother dies and the father can’t prove guardianship, he has no legal right to have a say in where his child lives, their education or to ensure they get medical treatment,” Deputy Stanton said.

“There are also cases where a dispute has occurred resulting in the father leaving home without taking the declaration. It is unacceptable that he cannot get another copy.”