Commission backs unmarried fathers’ rights
Twenty-seven years after a similar overhaul of family law was first proposed, the influential body has called for legal parental responsibility to be extended to men.
The commission has proposed a raft of reforms allowing fathers day-to-day care and contact with their children, bringing Ireland into line with most of Europe.
But it stopped short of suggesting automatic rights, claiming this would give rapists and sex offenders access.
Raymond Byrne, the commission’s head of research, said fathers should be given improved rights unless it was not in the child’s best interests.
“It is something which people, lawyers involved in family law, probably have not moved forward enough.
“I think there’s a sense that there has not been sufficient movement.”
The commission has also suggested a change in the language used in family law: custody would become day-to-day care, access would change to contact, and guardianship to parental responsibility.
Mr Byrne said: “Instead of talking about guardianship, for example ‘I’m the guardian, I’m the owner’, it’s more about responsibility and rights of the parent.
“The language used was from the 19th century, and while it’s not quite talking about children as a piece of property, it could be changed.”
At present, there are no legal obligations to give an unmarried man rights and access to his children under Irish law.
At birth the unmarried father’s name does not have to be put on the birth certificate.
About 20% of couples leave the name blank.
The commission said many unmarried couples wrongly feared it would affect rights to social welfare and the vast majority add the father’s name within a year of the birth.
A white paper on the proposed reforms could be ready in 18 months and submissions are being invited over the coming weeks and months.
Included in the recommendations are:
* People other than parents could apply for custody or day-to-day care of a child where parents are unwilling or unable to exercise responsibilities.
* Submissions are wanted on whether the wishes of a child should be considered in deciding on access for a member of the extended family.
* The distinction between birth registration and guardianship should remain, but joint registration of births would be encouraged at the same time.
The commission compiled the report after months of public consultation in 2007.
