Bernard Durkan (Kildare North, Fine Gael)
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46. To ask the Minister for Justice and Equality the correct procedure to be followed to apply for guardianship of their grandson in the case of persons (details supplied); and if she will make a statement on the matter. [23487/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The law relating to applications for guardianship of the minor children of deceased parents is governed by the Guardianship of Infants Act 1964, as amended, most recently by the Children and Family Relationships Act 2015. Section 8 of the Act provides for the appointment by the District Court or Circuit Court of a guardian or guardians for a child in cases where the child has no guardian, where no guardian has been appointed by a deceased parent, or if a guardian appointed by a deceased parent dies or refuses to act. The Act provides that in court proceedings for guardianship of a child, the court shall regard the best interests of the child as the paramount consideration.

However, as the Deputy will appreciate, I am not in a position as Minister to comment or give legal advice on individual guardianship cases. The persons concerned should take legal advice on the matter.