Consider giving unmarried fathers automatic guardianship, report recommends

Serious consideration should be given to granting automatic guardian rights to unmarried fathers, an Oireachtas Committee has recommended.

The Joint Committee on Justice and Equality had heard evidence that family law conflict is often exacerbated by unmarried fathers not having automatic guardianship rights in respect of their children, even if their name is registered on the birth certificate. The report says, “Only mothers have automatic rights to guardianship in these cases and, by contrast, married parents are automatically joint guardians with equal rights in relation to the child. Not only does this ignore the realities of modern family life in Ireland, it also creates inequality in terms of parental rights and responsibilities; and this in turn often results in separating parents taking the adversarial route through court, leading to tension and conflict between parties, with the child caught in the maelstrom”.

Members of the Committee agreed with the view that unmarried fathers should be given automatic guardianship rights, though it was recognised that practical issues could arise, for instance, where a father is not involved, or does not wish to be involved, with the child. Automatic guardianship exists for unmarried fathers in Northern Ireland,

The Committee’s report on reform of the family law system, published on Thursday, makes 38 recommendations.