Killers of child’s parent to lose automatic guardianship under Valerie’s Law

The Guardianship of Infants (Amendment) Bill, known as Valerie’s Law, seeks to address concerns identified in a Study on Familicide and Domestic and Family Violence. It recommends that those convicted of such offences should not automatically keep legal authority over their children.

Mr O’Callaghan said: “It is my view that 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.

“It should be regarded as a child protection and welfare issue arising in the public law arena. Progressing this bill has been a significant priority for me since taking office.”

The legislation is named in memory of Valerie French, who was killed in June 2019 by her husband, James Kilroy. The couple had three children. Two trials collapsed after Kilroy pleaded not guilty to the Castlebar killing of Ms French, 41, by reason of insanity. A third trial rejected that defence, which related to cannabis-induced psychosis, and convicted him in July 2024.

Ms French’s brother, David, has campaigned for the removal of the convicted man’s control over the children.

Mr O’Callaghan said the draft law “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”. He added that he wished to thank and commend David French for his advocacy.

The Programme for Government commits the Coalition to “examine proposals to remove guardianship rights from those convicted of killing their partners or a parent of their child as part of the ongoing work to implement appropriate recommendations from the Study on Familicide and Domestic and Family Violence”.

The Department of Justice has worked with the Department of Children to ensure the bill prioritises child welfare, including provisions to ensure the voice of the child can be heard and that the Child and Family Agency can bring applications under the legislation.

Such an application “must be made” where the agency has reasonable cause to believe a convicted guardian has failed in their parental duty to the extent that the child’s safety or welfare is likely to be prejudicially affected.