S.I. No. 210/2020 - Guardianship of Children (Statutory Declaration) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th June, 2020.

The Minister for Justice and Equality, in exercise of the powers conferred on him by section 2(4)(e) (amended by section 4 of the Children Act 1997 (No. 40 of 1997)) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )) and section 6B(4)(c) (inserted by section 49 of the Children and Family Relationships Act 2015 (No. 9 of 2015)) of the Guardianship of Infants Act 1964 (No. 7 of 1964), hereby makes the following regulations:

1. These Regulations may be cited as the Guardianship of Children (Statutory Declaration) Regulations 2020.

2. In these Regulations, “Act of 1964” means the Guardianship of Infants Act 1964 (No. 7 of 1964).

3. The form of statutory declaration set out in Schedule 1 is hereby prescribed for the purpose of section 2(4)(e) (amended by section 4 of the Children Act 1997 (No. 40 of 1997)) of the Act of 1964.

4. The form of statutory declaration set out in Schedule 2 is hereby prescribed for the purpose of section 6B(4)(c) (inserted by section 49 of the Children and Family Relationships Act 2015 (No. 9 of 2015)) of the Act of 1964.

5. The Guardianship of Children (Statutory Declaration) Regulations 1998 ( S.I. No. 5 of 1998 ) are hereby revoked.

SCHEDULE 1

Statutory Declaration of Father and Mother in relation to Joint Guardianship of Child

Regulation 3

THE MAKING OF THIS DECLARATION WILL SERIOUSLY AFFECT THE LEGAL POSITION OF BOTH PARENTS. IT IS ADVISABLE TO OBTAIN LEGAL ADVICE BEFORE MAKING THIS DECLARATION.

THIS DECLARATION IS AN IMPORTANT DOCUMENT AND ON COMPLETION SHOULD BE KEPT IN A SAFE PLACE.

FORM OF STATUTORY DECLARATION

In the matter of a declaration under section 2(4)(e)(amended by section 4 of the Children Act 1997 ) of the Guardianship of Infants Act 1964 —

We —

________________________ of

(father’s name)

_______________________________________________________________

(father’s address)

and

____________________

(mother’s name)

of

_______________________________________________________________

(mother’s address)

do solemnly and sincerely declare that:

1. We have not married each other.

2. We are the father and mother of _____________________________ (child’s name)

who was born on ______day of ___________ (month) ______ (year).

3. We agree to the appointment of _____________________________ (father’s name) as a guardian

of

____________________________.

(child’s name)

We make this solemn declaration conscientiously believing the same to be true by virtue of the Statutory Declarations Act 1938 (No. 37 of 1938), and pursuant to section 2(4)(e) (amended by section 4 of the Children Act 1997 ) of the Guardianship of Infants Act 1964 .

Signed _______________________ (Father)

Signed _______________________ (Mother)

Declared before me __________________________________ (name in capitals) a [notary public] [commissioner for oaths] [peace commissioner] [person authorised by section 27A of the Civil Registration Act 2004 (No. 3 of 2004) to take and receive statutory declarations] by

________________________ (father)

[who is personally known to me]

or

[who is identified to me by __________________________ who is personally known to me]

or

[whose identity has been established to me before the taking of this Declaration by the production to me of

passport no.________________ (passport number) issued on ___________ (date of issue) by the authorities of _________________________ (issuing state), which is an authority recognised by the Irish Government

or

national identity card no. _____________ (identity card number) issued on ______________ (date of issue) by the authorities of _____________________ (issuing state) which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement

or

Aliens Passport no. (document equivalent to a passport) ______________ (passport number) issued on _________________ (date of issue) by the authorities of ________________________ (issuing state) which is an authority recognised by the Irish Government

or

refugee travel document no. _______________ (document number) issued on _____________ (date of issue) by the Minister for Justice and Equality

or

travel document (other than refugee travel document) _______________ (document no.) issued on _________________ (date of issue) by the Minister for Justice and Equality]

and

_________________________ (mother)

[who is personally known to me]

or

[who is identified to me by ________________________ who is personally known to me]

or

[whose identity has been established to me before the taking of this Declaration by the production to me of

passport no. _______________ (passport number) issued on ______________ (date of issue) by the authorities of ____________________ (issuing state), which is an authority recognised by the Irish Government

or

national identity card no. ______________ (identity card number) issued on _____________ (date of issue) by the authorities of _______________ (issuing state), which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement

or

Aliens Passport no. (document equivalent to a passport) _____________ (passport number) issued on _________________ (date of issue) by the authorities of ___________________ (issuing state), which is an authority recognised by the Irish Government

or

refugee travel document no. ______________ (document number) issued on _________________ (date of issue) by the Minister for Justice and Equality

or

travel document (other than refugee travel document) ______________ (document no.) issued on _________________ (date of issue) by the Minister for Justice and Equality]

at ___________________________________ (place of signature) this ___ day of _________________ (month) ______ (year)

_________________________________________

(Signature of [notary public] [commissioner for oaths] [peace commissioner] [person authorised by section 27A of the Civil Registration Act 2004 (No. 3 of 2004) to take and receive statutory declarations].)

SCHEDULE 2

Statutory Declaration of Parent (under section 5 of the Children and Family Relationships Act 2015 ) and Mother in relation to Joint Guardianship of Child.

Regulation 4

THE MAKING OF THIS DECLARATION WILL SERIOUSLY AFFECT THE LEGAL POSITION OF BOTH PARENTS. IT IS ADVISABLE TO OBTAIN LEGAL ADVICE BEFORE MAKING THIS DECLARATION.

THIS DECLARATION IS AN IMPORTANT DOCUMENT AND ON COMPLETION SHOULD BE KEPT IN A SAFE PLACE.

FORM OF STATUTORY DECLARATION

In the matter of a declaration under section 6B(4)(c) (inserted by section 49 of the Children and Family Relationships Act 2015 ) of the Guardianship of Infants Act 1964 —

We—

________________________ of

(parent’s name)

_______________________________________________________________

(parent’s address)

and

_________________________

(mother’s name)

of

_______________________________________________________________

(mother’s address)

do solemnly and sincerely declare that :

1. We are the parent (under section 5 of the Children and Family Relationships Act 2015 ) and

mother of _____________________________ (child’s name) who was born on

___ day of ____________ (month) _____ (year).

2. We agree to the appointment of _____________________________ (parent’s name) as a guardian of

_________________________.

(child’s name)

We make this solemn declaration conscientiously believing the same to be true by virtue of the Statutory Declarations Act 1938 (No. 37 of 1938), and pursuant to section 6B(4)(c) (inserted by section 49 of the Children and Family Relationships Act 2015 ) of the Guardianship of Infants Act 1964 .

Signed ______________________ (Parent)

Signed ______________________ (Mother)

Declared before me ______________________ (name in capitals) a [notary public] [commissioner for oaths] [peace commissioner] [person authorised by section 27A of the Civil Registration Act 2004 (No. 3 of 2004) to take and receive statutory declarations] by

_______________________ (parent)

[who is personally known to me]

or

[who is identified to me by ____________________ who is personally known to me]

or

[whose identity has been established to me before the taking of this Declaration by the production to me of

passport no. _________________ (passport number) issued on __________________ (date of issue) by the authorities of ______________________ (issuing state), which is an authority recognised by the Irish Government

or

national identity card no. _______________ (identity card number) issued on ____________ (date of issue) by the authorities of __________________ (issuing state) which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement

or

Aliens Passport no. (document equivalent to a passport) ______________ (passport number) issued on _______________ (date of issue) by the authorities of ________________ (issuing state) which is an authority recognised by the Irish Government

or

refugee travel document no. _____________ (document number) issued on _________________ (date of issue) by the Minister for Justice and Equality

or

travel document (other than refugee travel document) ______________ (document no.) issued on _________________ (date of issue) by the Minister for Justice and Equality]

and

_______________________ (mother)

[who is personally known to me]

or

[who is identified to me by __________________ who is personally known to me]

or

[whose identity has been established to me before the taking of this Declaration by the production to me of

passport no. _______________ (passport number) issued on _______________ (date of issue) by the authorities of ___________________ (issuing state) which is an authority recognised by the Irish Government

or

national identity card no. ______________ (identity card number) issued on _________________ (date of issue) by the authorities of _________________ (issuing state) which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement

or

Aliens Passport no. (document equivalent to a passport) ______________ (passport number) issued on _______________ (date of issue) by the authorities of _______________ (issuing state) which is an authority recognised by the Irish Government

or

refugee travel document no. _______________ (document number) issued on ___________________ (date of issue) by the Minister for Justice and Equality

or

travel document (other than refugee travel document) ______________ (document no.) issued on __________________ (date of issue) by the Minister for Justice and Equality]

at ___________________________________________ (place of signature)

this _____ day of __________ (month) _____ (year)

__________________________________

(Signature of [notary public] [commissioner for oaths] [peace commissioner] [person authorised by section 27A of the Civil Registration Act 2004 (No. 3 of 2004) to take and receive statutory declarations]).

GIVEN under the Official Seal of the

Minister for Justice and Equality

10 June, 2020.

CHARLES FLANAGAN,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations set out in Schedule 1 the form of statutory declaration prescribed for the purpose of section 2(4)(e) (amended by section 4 of the Children Act 1997 (No. 40 of 1997)) of the Guardianship of Infants Act 1964 (No. 7 of 1964) to be made by the mother and father of a non-marital child who wish the father to become a guardian of the child jointly with the mother.

These Regulations also set out in Schedule 2 the form of statutory declaration prescribed for the purpose of section 6B(4)(c) (inserted by section 49 of the Children and Family Relationships Act 2015 (No. 9 of 2015)) of the Act of 1964 to be made by the mother and the other parent of a child (where the other parent is, along with the mother, a parent of the child under Section 5 of the Act of 2015) and both agree to the other parent becoming a guardian of the child jointly with the mother.

The Guardianship of Children (Statutory Declaration) Regulations 1998 ( S.I. No. 5 of 1998 ) are revoked by these Regulations.