128. Deputy Barry Ward asked the Minister for Justice further to Parliamentary Question No. 507 of 4 March 2025, his views on whether the rights of the child and the best interest principle are met by mandating the consent of both parents in cases (details supplied); if the current position can be reviewed; and if he will make a statement on the matter. [12510/25]

Sentiment score: 0.29

This is a matter I raised with the Minister on 4 March by way of a question for written reply. It relates to the mandated requirement for two parents to give consent for certain processes or assessments, even passport applications, in circumstances where one of the parents is either absent or estranged from the family. It can be very difficult for both parents to sign those forms. This disproportionately affects women. Can this be reviewed?

Sentiment score: 0.01

The Minister hit the nail on the head with what he said at the end. Much of the answer relates to the situation set down in law where there is an agreement between parents but that is not the circumstance I am envisaging. For example, if a child needs a medical or educational assessment or the renewal of a passport and one parent is simply not present, it is not a matter that the parents do not agree - one could almost assume that if a parent were present, there would not be a difficulty - it is the notion that a parent, in order to get their child’s educational or psychological needs assessed, requires the consent of a parent who may not even be in the jurisdiction. This is hugely problematic. The answer cannot be that they have to go to the District Court every time to make an application to overrule that. I am not even sure if the legislative framework covers that in circumstances where the specific scenario is where there is disagreement between the parents and, presumably, where both parents would be represented in an inter partes application. It feels like there is a bureaucratic block here and a scenario which has not been envisaged in the context of the legislation. A review might bring about a more functional system in relation to parents in these particular circumstances.

Sentiment score: -0.08

I appreciate that commitment. I will engage with the Minister. I do not know if this is something that is applied in a way that is intransigent by different State agencies. I do not know the answer to that. I also do not know if it is the case, for example, that a parent, now in the situation where a child needs a particular assessment goes to the District Court, can make that application in circumstances where he or she could not serve notice on the other parent of the application being made because there is no contact whatever. We know there are families where one parent is estranged. This specifically, and much more commonly, affects women who are left looking after a child in the absence of the father rather than the other way around. I appreciate the Minister’s commitment. I will engage with him and hopefully we can come to a solution to make this work better.

Sentiment score: 0.24