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Killers of partners to lose guardianship rights

The Government has backed a plan by the Minister for Justice to remove guardianship rights, in some situations, from individuals convicted of killing their partner or the other parent of their child. 

A bill on the issue will firstly be referred to an Oireachtas committee for pre-legislative scrutiny, before drafting “along the lines of the general scheme”. 

Minister Jim O’Callaghan said that such scenarios should not be regarded as a matter of private law between the families concerned but, instead, “should be regarded as a child-protection and welfare issue arising in the public-law area”.

“This proposed legislation upholds a fundamental principle: those convicted of the most serious crimes should not retain automatic legal authority over the children they have left behind,” he stated. 

Application within six months 

The Guardianship of Infants (Amendment) Bill 2025 would allow for an application to court within six months of the conviction of a parent or guardian of a child for murder or manslaughter of another parent or guardian of the child. 

On this application, the court would make an order removing or confirming the convicted parent or guardian.  

The Department of Justice says that the legislation will not be retrospective.