Waterford native and law lecturer at NUI Galway Dr Brian Tobin discussed the guardianship elements of  Justice Plan 2021 with Damien. He's looking for unmarried parents in Waterford to get in touch in the utmost confidence.

The plan, which was launched by then Justice Minister Helen McEntee, includes carrying out a review of the law regarding guardianship as it relates to unmarried parents.

In 2020, Waterford City had the 2nd highest rate of births outside of marriage in the country (49.8%). So Dr Tobin and his team are very keen to hear from unmarried parents in Waterford to help inform their review for the Department of Justice.

Rights of married vs unmarried in terms of guardianship

Married parents are both automatically guardians of their child at birth, as is the mother of a child born outside of marriage. However, Irish law does not grant the same automatic privilege to the unmarried father.

The unmarried father can only obtain guardianship rights after the birth of the child, and even then he can only do so in certain circumstances – otherwise he must apply to the court in the hope of being appointed a guardian of his child.

Guardianship is an important legal concept – only guardians can make decisions about the significant aspects of a child’s upbringing.

What is required for the review?

Brian has been engaged by the Department of Justice to carry out a detailed review of the law on guardianship. He and his research team need to interview up to 50 unmarried parents, whether they are cohabiting with each other or lone mothers/fathers raising a child by themselves, to ascertain their views on Ireland’s current laws on guardianship.

How to get in touch..

You can email [email protected].

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