Ivor wrote

A child has no right of access to its parent. Excluded fathers have insisted
on not comprehending the issue for the last fifteen years, which is that a
fundamental human right has been lost. Ivor Catt 25jan03
http://www.ivorcatt.com/2315.htm

***

For many years in Ireland fathers groups have also believed that 'access' is
something that fathers get or apply for when they don't get custody of their
child.

At the National Men's Council of Ireland we believe that this is a
misinterpretation of the Guardianship of Infants Act 1964 which is the
primary statute for remedying a situation where one parent is denying the
other parent their right and duty to properly provide for the welfare of
their children.

This right and duty is enshrined in the Irish Constitution, Article 42.1.

42.1 "The State acknowledges that the primary and natural educator of the
child is the Family and guarantees to respect the inalienable right and duty
of parents to provide, according to their means, for the religious and
moral, intellectual, physical and social education of their children."

The Irish (superior) translation is even more forthright in stating that
"The state MUST NOT INTERFERE with the inalienable right and duty of parents
to provide ... etc"

However to safeguard the interests if children when they are at serious risk
of harm Article 42.5 allows for:

42.5 "In exceptional cases, where the parents for physical or moral reasons
fail in their duty towards their children, the State as guardian of the
common good, by appropriate means shall endeavour to supply the place of the
parents, but always with due regard for the natural and imprescriptible
rights of the child."

We believe that the rights of the child are defined by section 11 (2a) of
the Guardianship of Infants Act 1964.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 11 Applications to court.

11.‹(1) Any person being a guardian of an infant may apply to the court for
its direction on any question affecting the welfare of the infant and the
court may make such order as it thinks proper.

(2) The court may by an order under this section‹

(a) give such directions as it thinks proper regarding the custody of the
infant and THE RIGHT OF ACCESS TO THE INFANT OF HIS FATHER OR MOTHER;

If, for example, you want to get to your field which happens to be at the
back of my house by using my driveway I would have to give "a right of
access to you of my driveway." ie you will have access to my driveway, not
the driveway has access to you!

By the same logic we maintain that "THE RIGHT OF ACCESS TO THE INFANT OF HIS
FATHER OR MOTHER" must be interpreted as meaning that access is a right of a
child to the parent and not of a parent to the child.

This is important as it then becomes very obvious that any attempt to deny a
child access to its parent is an abuse of a child's right which everyone
cares about rather than an abuse of a father's right which no-one cares
about.

It also confirms what every person with common sense knows - that a parent
can not properly carry out his duty to his child merely by having "access"
to him. The access that a child has to his parents is so the parents can
properly provide for his welfare (in relation to an infant, comprises the
religious and moral, intellectual, physical and social welfare of the infant
- see definitions below) which derives directly from the Constitutional
right enshrined in Article 42.1.

In practical terms what we should all be declaring to the public, who are
still ignorant of these things, is not that the family Courts are biased
because they deny fathers access to their children but that the Courts are
abhorrent because they are denying children their right to be parented.

This, as a case against the Family courts, is much more powerful and so will
severely curtail their ability to destroy our families.

Roger Eldridge

PS I would be interested in comments from other jurisdictions in comparing
our family law legislation (below) which is pre-feminist with their own,
probably much more recent and post feminist legislation.

***

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 1 PART I - PRELIMINARY AND GENERAL

Short title.

1.‹This Act may be cited as the Guardianship of Infants Act, 1964.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 2 Definitions.

2.‹In this Act, except where the context otherwise requires‹

"adoption order" means an adoption order made under the Adoption Act, 1952,
and for the time being in force;

"father" includes a male adopter under an adoption order but does not
include the natural father of an illegitimate infant;

"illegitimate infant" does not include any infant adopted under an adoption
order;

"infant" means a person under twenty-one years of age;

"maintenance" includes education;

"mother" includes a female adopter under an adoption order;

"parent" means a father or mother as defined by this section;

"testamentary guardian" means a guardian appointed by deed or will;

"welfare", in relation to an infant, comprises the religious and moral,
intellectual, physical and social welfare of the infant.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 3 Welfare of infant to be paramount.

3.‹Where in any proceedings before any court the custody, guardianship or
upbringing of an infant, or the administration of any property belonging to
or held on trust for an infant, or the application of the income thereof, is
in question, the court, in deciding that question, shall regard the welfare
of the infant as the first and paramount consideration.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 5 PART II - GUARDIANSHIP

Jurisdiction in guardianship matters.

5.‹(1) The jurisdiction conferred on a court by this Part may be exercised
by the High Court or, subject to section 22 of the Courts (Supplemental
Provisions) Act, 1961, by the Circuit Court.

(2) Accordingly, a reference to this Part shall be substituted at reference
number 45 in the Fourth Schedule to the said Act for the reference to the
Guardianship of Infants Act, 1886 (repealed by this Act).

(3) The jurisdiction conferred by this Part is in addition to any other
jurisdiction to appoint or remove guardians or as to the wardship of infants
or the care of infants' estates.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 6 Rights of parents to guardianship.

6.‹(1) The father and mother of an infant shall be guardians of the infant
jointly.

(2) On the death of the father of an infant the mother, if surviving, shall
be guardian of the infant, either alone or jointly with any guardian
appointed by the father or by the court.

(3) On the death of the mother of an infant the father, if surviving, shall
be guardian of the infant, either alone or jointly with any guardian
appointed by the mother or by the court.

(4) The mother of an illegitimate infant shall be guardian of the infant.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 7 Power of father and mother to
appoint testamentary guardians.

7.‹(1) The father of an infant may by deed or will appoint a person or
persons to be guardian or guardians of the infant after his death.

(2) The mother of an infant may by deed or will appoint a person or persons
to be guardian or guardians of the infant after her death.

(3) A testamentary guardian shall act jointly with the surviving parent of
the infant so long as the surviving parent remains alive unless the
surviving parent objects to his so acting.

(4) If the surviving parent so objects or if a testamentary guardian
considers that the surviving parent is unfit to have the custody of the
infant, the testamentary guardian may apply to the court for an order under
this section.

(5) The court may‹

(a) refuse to make an order (in which case the surviving parent shall remain
sole guardian), or

(b) make an order that the testamentary guardian shall act jointly with the
surviving parent, or

(c) make an order that he shall act as guardian of the infant to the
exclusion, so far as the court thinks proper, of the surviving parent.

(6) In the case mentioned in paragraph (c) of subsection (5) the court may
make such order regarding the custody of the infant and the right of access
to the infant of the surviving parent as the court thinks proper, and the
court may further order that the surviving parent shall pay to the guardian
or guardians, or any of them, towards the maintenance of the infant such
weekly or other periodical sum as, having regard to the means of the
surviving parent, the court considers reasonable.

(7) A person under the age of twenty-one years shall be entitled to appoint
guardians by will notwithstanding section 7 of the Wills Act, 1837.

(8) An appointment of a guardian by deed may be revoked by a subsequent deed
or by will.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 8 Appointment and removal of
guardians by court.

8.‹(1) Where an infant has no guardian, the court, on the application of any
person or persons, may appoint the applicant or applicants or any of them to
be the guardian or guardians of the infant.

(2) When no guardian has been appointed by a deceased parent or if a
guardian so appointed dies or refuses to act, the court may appoint a
guardian or guardians to act jointly with the surviving parent.

(3) A guardian appointed by the court to act jointly with a surviving parent
shall continue to act as guardian after the death of the surviving parent.

(4) The court may remove from office any guardian appointed by will or deed
or order of court.

(5) The court may appoint another guardian in place of a guardian so removed
or in place of a guardian appointed by any such order who dies.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 9 Provisions where two or more
guardians appointed.

9.‹(1) Where two or more persons are appointed to be guardians they shall
act jointly and on the death of any of them the survivor or survivors shall
continue to act.

(2) Where guardians are appointed by both parents the guardians so appointed
shall after the death of the surviving parent act jointly.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 10 Powers and duties of guardians.

10.‹(1) Every guardian under this Act shall be a guardian of the person and
of the estate of the infant unless, in the case of a guardian appointed by
deed, will or order of the court, the terms of his appointment otherwise
provide.

(2) Subject to the terms of any such deed, will or order, a guardian under
this Act‹

(a) as guardian of the person, shall, as against every person not being,
jointly with him, a guardian of the person, be entitled to the custody of
the infant and shall be entitled to take proceedings for the restoration of
his custody of the infant against any person who wrongfully takes away or
detains the infant and for the recovery, for the benefit of the infant, of
damages for any injury to or trespass against the person of the infant;

(b) as guardian of the estate, shall be entitled to the possession and
control of all property, real and personal, of the infant and shall manage
all such property and receive the rents and profits on behalf and for the
benefit of the infant until the infant attains the age of twenty-one years
or during any shorter period for which he has been appointed guardian and
may take such proceedings in relation thereto as may by law be brought by
any guardian of the estate of an infant.

(3) The provisions of this section are without prejudice to the provisions
of any other enactment or to any other powers or duties conferred or imposed
by law on parents, guardians or trustees of the property of infants.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 11 Applications to court.

11.‹(1) Any person being a guardian of an infant may apply to the court for
its direction on any question affecting the welfare of the infant and the
court may make such order as it thinks proper.

(2) The court may by an order under this section‹

(a) give such directions as it thinks proper regarding the custody of the
infant and the right of access to the infant of his father or mother;

(b) order the father or mother to pay towards the maintenance of the infant
such weekly or other periodical sum as, having regard to the means of the
father or mother, the court considers reasonable.

(3) An order under this section may be made on the application of either
parent notwithstanding that the parents are then residing together but an
order made under subsection (2) shall not be enforceable and no liability
thereunder shall accrue while they reside together, and the order shall
cease to have effect if for a period of three months after it is made they
continue to reside together.

(4) In the case of an illegitimate infant the right to make an application
under this section regarding the custody of the infant and the right of
access thereto of his father or mother shall extend to the natural father of
the infant and for this purpose references in this section to the father or
parent of an infant shall be construed as including him; but no order shall,
on such application, be made under paragraph (b) of subsection (2).

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 12 Variation and discharge of court
orders.

12.‹The court may vary or discharge any order previously made by the court
under this Part.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 13 PART III - ENFORCEMENT OF RIGHT
OF CUSTODY

Definitions for Part III.

13.‹In this Part‹

"the court" means the High Court;

"health authority" has the meaning assigned to it by subsection (1) of
section 2 of the Health Act, 1947, as amended by section 9 of the Health
Authorities Act, 1960;

"parent" includes a guardian of the person and any person at law liable to
maintain an infant or entitled to his custody;

"person" includes any school or institution.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 14 Power of court as to production
of infant.

14.‹Where a parent of an infant applies to the court for an order for the
production of the infant and the court is of opinion that that parent has
abandoned or deserted the infant or that he has otherwise so conducted
himself that the court should refuse to enforce his right to the custody of
the infant, the court may in its discretion decline to make the order.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 15 Power to court to order repayment
of costs of bringing up infant.

15.‹Where, upon application by a parent for the production of an infant, the
court finds‹

(a) that the infant is being brought up at the expense of another person, or

(b) that at any time assistance has been provided for the infant by a health
authority under section 55 of the Health Act, 1953,

the court may, in its discretion, if it orders the infant to be given up to
the parent, further order that the parent shall pay to that person or health
authority the whole of the costs properly incurred by the person or health
authority in bringing up or providing assistance for the infant or such
portion thereof as the court considers reasonable, having regard to all the
circumstances of the case, including, in particular, the means of the
parent.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 16 Court in making order to have
regard to conduct of parent.

16.‹Where a parent has‹

(a) abandoned or deserted an infant, or

(b) allowed an infant to be brought up by another person at that person's
expense, or to be provided with assistance by a health authority under
section 55 of the Health Act, 1953, for such a length of time and under such
circumstances as to satisfy the court that the parent was unmindful of his
parental duties, the court shall not make an order for the delivery of the
infant to the parent unless the parent has satisfied the court that he is a
fit person to have the custody of the infant.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 17 Power of court as to infant's
religious education.

17.‹(1) Upon any application by a parent for the production or custody of an
infant, if the court is of opinion that that parent ought not to have the
custody of the infant, the court shall have power to make such order as it
thinks fit to secure that the infant be brought up in the religion in which
the parents, or a parent, have or has a legal right to require that the
infant should be brought up.

(2) Nothing in this Act shall interfere with or affect the power of the
court to consult the wishes of the infant in considering what order ought to
be made or diminish the right which any infant new possesses to the exercise
of his own free choice.

GUARDIANSHIP OF INFANTS ACT 1964 - SECT 18 Custody where parents are
separated.

18.‹(1) In any case where a decree for divorce a mensa et thoro is
pronounced, the court may thereby declare the parent by reason of whose
misconduct the decree is made to be a person unfit to have the custody of
the children (if any) of the marriage or of any children adopted under the
Adoption Act, 1952, by the parents jointly; and in such case, the parent so
declared to be unfit shall not, on the death of the other parent, be
entitled as of right to the custody of the children.

(2) A provision contained in any separation agreement made between the
father and mother of an infant shall not be invalid by reason only of its
providing that one of them shall give up the custody or control of the
infant to the other.


REPEALS Session and Chapter Short Title Extent of Repeal 14 & 15 Chas. 2,
sess. 4, c. 19. Tenures Abolition Act, 1662. Sections 6, 7, 15 and 16. 36
Vict. c. 12. Custody of Infants Act, 1873. The whole Act

49 & 50 Vict. c. 27. Guardianship of Infants Act, 1886. The whole Act
54 Vict. c. 3 Custody of Children Act, 1891. The whole Act.



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