Response to Government Guardianship Rights Paper

David French 2024-10-21

On Monday Oct 21st the Family Consultation Meeting at the Dept of Justice on the Study on Familicide & Domestic and Family Violence Death Reviews received the Government Guardianship Rights Paper which had originally been planned for the September meeting.

The paper discusses some areas around guardianship. Most are irrelevant to implementation of “Valerie’s Law” such as Risk Assessment and Guardianship Payments. Much can be done by the Courts on their own initiative and inside Tusla policy with use of existing powers rather than adding complications by codifying this in legislation.

The conclusion to the Government Guardianship Rights Paper simply restates the 2023 recommendation 7.3.18.4 (which would be Valerie’s Law)

Conclusion:

The Children and Family Relationships Act 2015 requires amending to ensure that a parent convicted  of the murder or manslaughter of the other parent does not retain guardianship of the surviving child or children. ….

It goes on to say:

In principle, guardianship should pass to the deceased parent’s next of kin (other than the perpetrator), subject to the overriding consideration being the best interests of the child as expressed by the children concerned where this is possible and appropriate. …

This is useful guidance for the Court when appointing guardians. The main thing the Court should do is immediately appoint the victim’s family as a notice party.

In summary the discussion paper from October 2024 restates the original recommendation, does not raise any blockers and mentions some other issues in this area. I would urge the government to now move directly to drafting legislation implementing Recommendation 7.3.18.4. (Valerie’s Law).