Jon Don - Legal Research Discussion Law Reform Comission Report of Dec 2010 at Inaugural Meeting of the MSGI was held on the 16th January 2011 in the Sheraton Hotel, Athlone.

1. Athlone 16th January, 2011

2. LRC Report “Legal Aspects of Family
Relationships”Launched 21st December 2010
Report: recommendations & draft bill
Minister Mary White- committed to passing the
Bill

3. 1. Terms Guardianship, Access, Custody- Parental
Responsibility, contact, Day to day care
2. All parents -auto guardianship
3. Auto joint registration-birth cert
4. Civil Partners & Step-Parents able to apply for
parental responsibility
5. Persons –*Loco Parentis & bona fide interest- day to
day care
*Loco Parentis- not the parent- good faith- parental
role

4. 6.Consultation eliminated
7.Persons-loco parentis/bona fide interest can
apply for access
8.Mother can refuse to name father on birth cert

5.  Rec’s 1,4,5 & 6 – position of the family Art. 41.1,41.2
 Scrapping of Consultation unconstitutional – Art’s 41.1.1,
41.1.2 and 42.1
 Art 42.1
“The State acknowledges that the primary and natural educator of the
child is the Family and guarantees to respect the inalienable right
and duty of parents to provide, according to their means, for the
religious and moral, intellectual, physical and social education of
their children.”
B v B, [1975] I.R. 54 SC
Curious how proposed children’s referendum seeks
to do away with this article!

6. Art 7.1 1989 UNCRC:
“The child shall be registered immediately after
birth and shall have the right from birth to a
name, the right to acquire a nationality and as
far as possible, the right to know and be cared
for by his or her parents.”
Extension of guardianship, access & custody to
non parents

7.  ECHR Article 8.1, 8.2
Consultation required to vindicate everyone’s
right to private and family life.
No interference by public authority- non parents

8.  Bill will have to be redrafted
 Abolishment of Art 42.1 cuts away legal protection
& case law precedent for consultation between
parents
 “Baby Anne” case – Children’s rights not
subordinate to parents-third party rights
subordinate to parents
 Plan of action needed on both this LRC report and
Children’s referendum. (March 25)