S.I. No. 5/1998 - Guardianship of Children (Statutory Declaration) Regulations, 1998.

1. These regulations prescribe the form of the joint statutory declaration to be made by the mother and father of a non-marital child who wish the father to become a guardian of the child jointly with the mother in accordance with section 2(4) (inserted by the

Children Act, 1997

) of the

Guardianship of Infants Act, 1964

.

2. If there is more than one child a separate statutory declaration should be made in respect of each child.

3. In the absence of agreement between the parents of the child concerned in respect of the appointment of the father as joint guardian of the child, the father has a right to apply to the Court under section 6A of the

Guardianship of Infants Act, 1964

to be made a joint guardian.

4. A father who is appointed guardian by virtue of a joint statutory declaration made under

section 2

(4) of the

Guardianship of Infants Act, 1964

can only be removed as guardian by a court order.

5. A child ceases to be subject to guardianship when he or she reaches the age of 18 years or upon the date of his or her marriage.

6. Guardianship is the collection of rights and duties which a parent has in respect of his or her child. It encompasses the duty to maintain and properly care for the child and the right to make decisions about a child's religious and secular education, health requirements and other matters affecting the welfare of the child. The exercise of guardianship rights may be agreed between parents. In the event of a dispute arising concerning the exercise of guardianship rights the court may determine the matter on the application of either parental guardian. The right to custody is one of the rights that arises under the guardianship relationship. Custody is the physical day to day care and control of a child. Even where one parental guardian has custody of a child the other parental guardian is generally entitled to be consulted in relation to matters affecting the welfare of the child.

Note

A father's duty to maintain his child and his right to apply to the court for custody of or access to his child is not contingent on his being made a guardian.

7. The appointment of a natural father as guardian will affect the adoption process.

S.I. No. 5 of 1998.

GUARDIANSHIP OF CHILDREN (STATUTORY DECLARATION) REGULATIONS, 1998.

I, JOHN O'DONOGHUE, Minister for Justice, Equality and Law Reform in exercise of the powers conferred on me by paragraph (

e

) of section 2(4) (inserted by the

Children Act, 1997

(No. 40 of 1997) ) of the

Guardianship of Infants Act, 1964

(No. 7 of 1964) hereby make the following regulations