Valerie’s Law: A New Child Protection Measure

The Guardianship of Infants and Child Care (Amendment) Bill 2026, more commonly known as Valerie’s Law, has now completed its passage through both the Dáil and Seanad and is at its final stages before being signed into law.

Denise Kirwan, Partner in CKT’s Childcare Department and Jordan Muir, Trainee Solicitor, considers the origins of the legislation, the practical implications for child protection professionals and kinship carers, and the extent to which the new measures strengthen the principle that the child’s best interests must remain paramount. The legislation marks a significant development in Ireland’s approach to child welfare, domestic violence and guardianship. While much of the public discussion has focused on the legal consequences for an offending parent, the legislation is ultimately centred on a single question: what is in the best interests of the child?

For social workers and child protection professionals, Valerie’s Law is particularly noteworthy because it reframes circumstances that have traditionally been viewed as family law matters as issues of child welfare requiring a structured State response. As Minister for Justice Jim O’Callaghan noted when introducing the Bill, situations where one guardian kills another should be regarded not simply as private disputes between families, but as child protection and welfare concerns.

The Background to Valerie’s Law

The legislation is named after Valerie French, who was murdered by her husband in 2019. Following her death, her husband retained guardianship rights in respect of their three children despite his conviction. Valerie’s brother, David French, has campaigned for many years for legislative reform, arguing that children and their carers should not be left in situations where an offending parent continues to exercise legal authority over important aspects of a child’s life.

The Bill also reflects recommendations arising from the State’s Study on Familicide and Domestic and Family Violence Death Reviews, which highlighted the need for a more child-centred response following domestic homicides and other serious acts of violence within families.

What Does the Bill Propose?

At the heart of Valerie’s Law is a mechanism allowing the courts to review whether a guardian who has committed a serious offence against another guardian should continue to exercise guardianship rights.

The bill will require Tusla to apply to the District Court within six months of a guardian being convicted of the murder or manslaughter of another guardian of the child. The Court may then decide either to restrict the guardian’s powers and responsibilities or remove them as guardian entirely. Importantly, guardianship is not revoked automatically. The Court retains discretion and must consider all relevant circumstances, with the welfare and best interests of the child remaining the paramount consideration.

The Bill extends beyond cases of murder and manslaughter. It also provides a mechanism whereby the Court may consider restricting or removing guardianship where a guardian has been convicted of a serious offence against another guardian, and the circumstances have implications for the child’s welfare.

This broader scope reflects an important recognition that a child may be profoundly affected by serious violence between parents or guardians, even where the offending conduct falls short of homicide.

Why This Matters

For practitioners working in child protection and welfare, the significance of Valerie’s Law lies less in its legal technicalities and more in its practical implications for children affected by serious domestic violence.

When one parent kills or seriously harms another, the impact on children extends far beyond the immediate criminal proceedings. These children often experience profound trauma, bereavement, disrupted attachment relationships, uncertainty regarding future care arrangements and, in many cases, significant ongoing emotional and psychological difficulties.

The legislation places Tusla at the centre of the process by requiring the Agency to initiate court applications in specified circumstances. In doing so, it recognises that decisions concerning guardianship should not depend solely upon family members navigating complex legal processes at a time of crisis. Instead, the State assumes a more active role in ensuring that guardianship arrangements are reviewed through the lens of child welfare and protection.

Recognising the Role of Kinship Care

One of the most important themes emerging from the Oireachtas debates has been the role of kinship carers. In many of the tragic cases that have informed the development of Valerie’s Law, grandparents, aunts, uncles and other relatives have stepped forward to care for children following the death or serious injury of a parent.

These family members frequently provide stability and continuity during periods of immense upheaval. However, they can also encounter practical challenges where an offending parent continues to retain guardianship rights, particularly when decisions arise regarding education, medical treatment, travel or longer-term care planning.

Valerie’s Law seeks to provide a clear mechanism for reviewing those guardianship arrangements. For social workers, this reflects a growing acknowledgement of the critical role kinship carers play in supporting children who have experienced the most serious forms of family trauma. It also reinforces the principle that children’s welfare must remain at the forefront of all decision-making.

Looking Ahead

The Bill was signed into law by the President on the 15^th of July 2026 having passed both houses of the Oireachtas, the Minister for Justice Jim o Callaghan was quoted as stating “guardianship when one parent kills another should not be regarded as a matter of private law to be determined between the families concerned – it must be regarded as a child protection and welfare issue”