New "Valerie’s Law" to allow courts to strip spouse-killers of parental rights
· IrishCentralMinister for Justice Jim O’Callaghan will seek Cabinet approval for the Guardianship of Infants (Amendment) Bill 2026, which is expected to become law before the end of the year.
The legislation does not provide for the automatic removal of guardianship, with courts required to assess whether a parent has failed in their duty and whether an order is in the child’s best interests.
The legislation will be known as "Valerie’s Law" in honor of Valerie French, 41, who died after she was stabbed, beaten, and strangled by her husband James Kilroy, 51, when she came home from a night out in 2019.
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A draft of the Bill proposes to require the Child and Family Agency, Tusla, to apply to the District Court within six months of the conviction of a guardian for murder or manslaughter of another guardian of the child.
This application must be made where the agency has reasonable cause to believe the convicted guardian has failed in his or her parental duty to such extent the child’s safety or welfare is likely to be prejudicially affected.
An order may be made by the court, which will be suspended and take effect once an alternative arrangement is in place, either a care order under the Child Care Act 1991 or the presence of another guardian of the child.
The court must consider both the failure of duty and the best interests of the child before making such an order. An order may either restrict the convicted guardian’s powers and duties or remove them from office as a guardian.
The court may impose such conditions as it considers necessary in the best interests of the child relating to the review of the order. The provisions will also apply to cases where convictions occurred before the law comes into force.
They also allow for similar applications where a parent is convicted of a serious violent offense against the child’s other parent, which affects the child’s care arrangements.
Mr. O’Callaghan said that the country’s laws must reflect the gravity of these offenses.
"This is about the welfare and protection of children. Progressing this Bill has been a significant priority for me since taking office," he said.
Minister O’Callaghan said that he believes issues arising around guardianship of children in a situation where one parent kills the other "should not be regarded as a matter of private law to be determined between the families concerned, but should be regarded as a child protection and welfare issue arising in the public law arena".
He said the legislation "upholds a fundamental principle that those convicted of the most serious crimes should not retain automatic legal authority over the children they have left behind."
"I want to thank and commend David French for his advocacy in honor of his sister Valerie. Today we think of the French family," he added.
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* This article was originally published on Extra.ie.