Minister Jim O'Callaghan secures Cabinet approval to publish ‘Valerie’s Law’ to remove guardianship rights from one guardian/parent convicted of killing the other guardian/parent.
- Published on: 6 May 2026
- Last updated on: 6 May 2026
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 upholds a fundamental principle that those convicted of the most serious crimes should not retain automatic legal authority over the children left behind.
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 proposed 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.
Following government approval of the General Scheme of the Guardianship of Infants (Amendment) Bill in April of last year, the Scheme was referred to the Joint Oireachtas Committee on Justice, Home Affairs and Migration for pre-legislative scrutiny. The Committee published its report on 24 September 2025.
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 most important provision of the Bill requires Tusla to apply to the Court within six months of the conviction of a guardian for the murder or manslaughter of another guardian of the child. On this application the Court may either restrict the powers and duties of the convicted guardian or remove the convicted guardian from office.
The law will apply to married and unmarried parents, to convictions for murder and manslaughter and in cases of very serious offences where one guardian causes harm to another.
It may also be applied retrospectively in the cases of murder and manslaughter.
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.”
The Minister added that he wished to thank and commend David French for his advocacy on this issue in honour of his sister Valerie.
The Bill is expected to be published in the coming days, and to reach second stage in the Dáil later this month.
ENDS…///
Notes for editors:
A Study on Familicide & domestic and Family Violence Death Reviews
The independent review of familicide, published in May 2023, was commissioned by the Department of Justice, Homes Affairs and Migration. As part of the review, there was extensive engagement with non-governmental organisations, with State agencies and most importantly with family members of victims.
A significant number of the recommendations made in the familicide review are being progressed as part of our work to tackle domestic abuse and protect victims. A team was established in the department to review and progress other recommendations made in the review, including a recommendation on restricting parental rights in cases of domestic homicide.
Consultation has taken place with stakeholder groups comprising relevant officials, civil society partners and, the families of victims, including those who contributed to the review.
