The traditional position in Ireland was that only the mother had a natural right of Guardianship.
This was upheld in the case of Keegan which went to the European Court of Human Rights. The basis of the decision was to give the family strength as the basic unit of Family Life in Europe and ireland.
This principle has been diluted by the recent passing of the Civil Partnership Act, which recognises same sex couples who enter into Civil Partnerships. The rights of Cohabiting partners have also been recognised by this legislation.
The law at present is still that a father , even though he is on the Birth Certificate, has to apply to the District Court for an Order that he is a joint Guradian with the mother.
The full recommendations deal with access and custody and the full report can be seen at www.lawreform.ie.
