Parent choice for kids after divorce

Groundbreaking new laws will allow children the right to choose which parent to live with after a divorce.

The legislation, to be signed off on next Tuesday by the Cabinet, will also offer foster parents greater rights and allow same-sex couples to adopt.

The plans are detailed in the Children and Family Relationships Bill to be put forward by Justice Minister Frances Fitzgerald next week. It is expected to be signed into law as early as March 2.

The measures have already been the subject of private briefings with Labour and Fine Gael TDs, but are likely to cause significant debate in the coming weeks .

However, it is understood Government officials are keen to have the issues — and specifically the right of same-sex couples to adopt — resolved before the marriage equality referendum in May, leading to the fast-tracking of the bill.

Should the legal document be passed by the Dáil and Seanad, for the first time in the history of the State, children of divorced parents will be allowed to tell a judge which parent they want to live with — effectively asking them to choose between parents.

In the event the child is too young to express an opinion, a court official will be appointed to express the child’s view on their behalf.

Foster parents will also be given greater rights in terms of medical care and other matters which have, until now, been under the control of a social worker assigned to the child in question, although the policy switch will not impact on the rights of the birth parents.

Greater legal access for grandparents will also be enshrined in the law should the bill be passed as expected, while same-sex couples will be given the right to adopt.

The document is due to be discussed at the Cabinet’s meeting on Tuesday, before being published in the days that follow.