Those convicted of killing their spouse face losing guardianship rights over their children, under draft laws to be brought to Cabinet this week.
Minister for Justice Jim O’Callaghan is to seek Cabinet approval for the publication of the Guardianship of Infants (Amendment) Bill - known as “Valerie’s Law” after Valerie French, a mother of three who was murdered by her husband James Kilroy.
Ms French’s family have campaigned for reforms to guardianship rights in such circumstances since her husband’s conviction, arguing that in practice, those who kill their spouses have a right to know where their children live and to be involved in major decisions about them.
The scheme follows a 2023 report, Study on Familicide & Domestic and Family Violence Death Reviews, and an interim report conducted last year relating to the study which included recommendations on guardianship rights for a parent who is in custody, accused of, or serving a sentence for the murder or manslaughter of their child or children’s other parent.
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Ms French’s family had pointed to a finding in the 2023 report that recommended legislation be amended “to ensure that a parent who is convicted of the murder or manslaughter of the other parent does not retain guardianship of the surviving child or children”.
Writing in The Irish Times last year, Ms French’s brother David French argued: “Who would gain and who would lose if it was enacted? In this case, the losers are convicted killers and the winners are traumatised children.”
Under the legislation, an application will be allowed to be brought before the District Court to remove guardianship rights from such a perpetrator. Mr O’Callaghan has signalled that introducing the legislation is a key priority for him.
He will tell Cabinet it is his strong view that issues arising around guardianship of children in a domestic violence or coercive control scenario should not be regarded as a matter of private law to be determined between the families concerned, but should be regarded as a child protection and welfare issue arising in the public law arena.
The programme for government commits the Coalition to examine such proposals.
Under the provisions of the Bill, following the murder or manslaughter of a parent by the other parent of their children, or a serious incapacitation of one parent by the other, an application to the court may be brought removing the perpetrator as guardian with another person being appointed. The parent concerned may also be confirmed as guardian of the child.
The courts will also be able to give directions regarding the custody of the child and rights of access to the child or children. A judge will be able to specify a period under which the removal of guardianship rights is to remain in effect, and impose conditions relating to periodic review by the court or for additional matters as the court considers necessary in the best interests of the child concerned.
