Proposed 'Valerie's law' would see killers lose guardianship rights over their children

James Kilroy was sentenced to the mandatory life term in prison on Monday after being found guilty of the murder of Valerie French Kilroy

David French, brother of Valerie French Kilroy, at the Central Criminal Court. Picture: Collins Courts

Convicted killers may no longer retain guardianship rights over their children under a proposed new law inspired by a West Cork woman murdered by her husband.

‘Valerie’s law,’ called after mother-of-three Valerie French Kilroy, is being campaigned for by her family so that parents who intentionally kill their partners lose guardianship rights of their shared children.

A bill is already being drafted by Social Democrats leader Holly Cairns and has the cross-party support of other West Cork TDs.

Valerie was "savagely slaughtered" by her husband James Kilroy, who showed no remorse and tried to avoid accountability for her murder, her brother, David French said.

Kilroy was sentenced to the mandatory life term in prison on Monday after being found guilty of murder.

Currently, men who kill their partners or ex-partners fully retain guardianship of any shared children.

However, Mr French said that this can allow convicted killers to use children as pawns, permitting them to plead for a reduced sentence or parole due to their guardianship status.

Regardless of what the relationship is, you don't want a killer knowing where you live. It's nightmarish. That's something kids are going to get very worried about.

"It's taking power away from convicted killers and it should be part of the punishment," Mr French said.

“They [the children] can reach out to the person if they want but he wouldn't have any power over them.

Valerie French Kilroy 'was very much about protecting the boys from anything that would harm them', said her brother David French.

“Valerie was very much about protecting the boys from anything that would harm them. And he's a proven killer.” 

Mr French is calling for guardianship rights to be automatically suspended for a parent found guilty of killing the other parent.

An automatic court review to determine what is in the best interests of the children would quickly follow, which would also consider granting 'notice party' status or guardianship to the victim’s family so that they could engage with any family law hearings.

Currently, the bereaved family applies for notice party status through the family court, potentially facing the convicted killer as an adversary, he said.

The new law would take into account the rare situations where domestic abuse victims kill their abusers.

Currently, State bodies such as Tusla must respect the perpetrator’s parental rights. But a new law would also give Tusla more scope in making decisions for the child, he said.

Tusla are in an awful situation because they have to follow the law and that actually means they've got to deal with the guardian, even if that is someone who killed a family member. And their job is to put that family back together.

The Study on Familicide and Violent Family Death Review, commissioned by the Department of Justice, last year recommended legislation “be amended to ensure that a parent who is convicted of the murder or manslaughter of another parent does not retain guardianship of the surviving child or children".