Cabinet approval secured for 'Valerie's Law'

Cabinet approval has been secured to publish legislation removing guardianship rights from people convicted of killing the other parent of their child, the Government have announced.

​The Guardianship of Infants Bill 2026 will uphold the principle that those convicted of the most serious crimes will not retain automatic legal authority over the children.

​This legislation reflects ongoing work by the Government to implement appropriate items from the Study on Familicide and Domestic and Family Violence Death Reviews.

​One of the main provisions in the legislation will require Tusla to apply to the court within six months of the conviction of a guardian for the murder or manslaughter of the other guardian of the child.

​This law will apply to both unmarried and married parents, specifically to convictions for murder and manslaughter.

​Minister Jim O’Callaghan said: “This Bill is about the welfare and protection of children. It is intended to protect vulnerable children from further trauma, to provide clarity for surviving family members, and to prevent perpetrators from maintaining control over the lives of their children.

​“Guardianship, when one guardian kills another, should not be regarded as a matter of private law to be determined between the families concerned, but must be regarded as a child protection and welfare issue.

​“David French and his family have campaigned tirelessly for a change to the law in memory of his sister Valerie, who was murdered by her husband, James Kilroy, seven years ago.

​“Valerie’s husband still retains all guardianship rights over their three children.

​“The Bill will be known as Valerie’s Law in memory of Valerie.”

Minister O’Callaghan added: “Revocation of guardianship is not automatic, and the court will have discretion to take all matters into account.

​“The court must consider many factors when determining whether to remove or restrict guardianship. The court’s most important consideration, however, will be the welfare and best interests of the child.”