Submission by the Irish Penal Reform Trust on the General Scheme of the Guardianship of Infants (Amendment) Bill 2025
11th June 2025
IPRT has made a submission on the General Scheme of the Guardianship of Infants (Amendment) Bill 2025, focusing on the rights and welfare of children affected by fatal domestic violence or parental imprisonment. IPRT works with families impacted by the penal system and emphasises that any decisions regarding guardianship must place the best interests of the child at the centre.
The Bill proposes the restriction or removal of guardianship rights where a parent has killed or incapacitated the other parent. While the protection of children is paramount, IPRT highlights concerns about automatic and potentially permanent revocation of guardianship without a proper assessment of the child’s needs or views. IPRT stresses that such decisions must be proportionate, constitutional, and trauma-informed, and should not operate as a form of punishment for the offending parent.
IPRT recommends that the legislation include mandatory child impact assessments to ensure that each child’s individual circumstances are considered. These assessments should inform any decision on guardianship and be carried out before applications to the court. In addition, IPRT argues that a guardian ad litem (GAL) should be appointed in every case to represent the child’s voice, not left to discretion.
IPRT also calls for clear procedures for review of guardianship orders, recognising that children’s needs and wishes may change as they grow, and that parents may demonstrate rehabilitation over time. Ensuring fair procedures for parents, including access to legal representation, is also critical to protect rights and prevent legal challenges.
IPRT’s submission draws on international standards, Irish constitutional law, and practices in other jurisdictions, such as Prohibited Steps Orders in England and Wales. The key message is that any response to these tragic situations must be rights-based, child-centred, and carefully measured to safeguard the welfare of children while respecting constitutional protections for parents.
