The Minister for Justice, Home Affairs and Migration, Jim O’Callaghan has secured Cabinet approval to publish legislation that will remove, in certain circumstances, guardianship rights from individuals convicted of killing the other parent of their child.

The Guardianship of Infants (Amendment) Bill 2026, currently before Dail Eireann, 1^st stage, upholds a fundamental principle that those convicted of the most serious crimes should not retain automatic legal authority over the children left behind.

A Department of Justice spokesperson stated, the law could be applied retrospectively subject to the discretion of the court, adding that, if passed, the law would apply equally to both married and unmarried couples.

The law would be known as Valerie’s Law, in memory of 41-year-old Valerie French, who was murdered by her husband James Kilroy seven years ago in Co Mayo. The couple have three children. Kilroy was convicted of Ms French’s murder in July 2024.

The new law will remove guardianship rights from those convicted of the murder or manslaughter of their partners, or the other parent of their child.

Tusla, The Child and Family Agency, must apply to the District Court within six months of the conviction in order for them to be stripped of their rights. An order can either restrict the convicted person’s powers and duties, or remove them as a guardian.

It will take effect once an alternative arrangement is in place, such as a care order, or the child having another guardian.

Minister 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.”

The legislation delivers on the Programme for Government commitment to “examine proposals to remove guardianship rights from those convicted of killing their partners or a parent of their child”. It is part of the ongoing work to implement appropriate recommendations from the Study on Familicide and Domestic and Family Violence Death Reviews.

The Department of Justice, Home Affairs and Migration has worked with the Department of Children, Disability and Equality to ensure the Bill is focused on child welfare, ensuring that the voice of the child can be heard in proceedings, and that the Child and Family Agency, Tusla, can make the applications provided for in the Bill.

The Minister added, “Revocation of guardianship is not automatic, and the court will have discretion to take all matters into account.”

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.