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Paula Butterly: Valerie's Law, Child Safety First

Paula Butterly: Valerie's Law, Child Safety First

Paula Butterly addresses the Dail on Valerie's Law, arguing that in cases of domestic homicide parental rights cannot be assumed and must yield where a child’s safety and welfare require it. She thanks the Minister and recognises the advocacy of David French and his family in bringing the Bill forward.

Summary of the address


Paula Butterly sets out why laws like Valerie's Law force a difficult but necessary question: what does justice look like for a child whose parent has killed the other parent? She stresses that constitutional recognition of family bonds is important but that parental rights are not absolute and must be balanced against the child's needs.

Child welfare and psychological harm


Butterly describes the psychological reality for a child who has lost a parent to the other parent, arguing that contact can reopen trauma, create fear and long-term harm. She warns that access is not automatically beneficial and can be a source of significant psychological damage.

Crime, control and legal risk


She examines how the nature of the crime - a fundamental breach of trust - can compromise a perpetrator's role as caregiver, and how power and control can persist through legal processes. The law must avoid becoming a tool that extends that control over the child or family.

Legal standard and Valerie's Law


Butterly emphasises that the child's best interests are the overriding legal standard, not parental entitlement. Valerie's Law, she says, shifts decision-making away from automatic parental status toward assessments that centre the child's safety, dignity and emotional wellbeing.

Acknowledgements and conclusion


She thanks the Minister for their work on the Bill and again acknowledges the French family's advocacy. Her closing message is that, in extreme cases, the question must always be what the child needs to heal and feel safe - and sometimes that means no access at all.

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Transcript
Thank you, Caiann Comhairle. Minister, first I'd like to thank you for the work that you have done on this Bill, and I would like to acknowledge the relentless work and advocacy of David French and his family in regards to the work behind the Bill. When we talk about laws like Valerie's Law, we're ultimately asking a difficult but essential question. What does justice mean for a child whose parent has committed the most serious harm imaginable, killing the other parent? There's often an instinct in law to preserve parental rights wherever possible, and this is right because the Constitution recognises the importance of family, and the bond between parent and child is one that should never be lightly broken. But we must be clear about one thing. Parental rights are not absolute. They exist alongside and must sometimes give way to the rights and well-being of the child. In situations of domestic homicide, it is simply not acceptable to assume that a perpetrator should always have access to their child. First, we must consider the psychological reality for the child. A child who has lost one parent at the hands of the other is not just grieving, they're dealing with a profound trauma, forcing or even allowing contact in all cases risks reopening that trauma, creating fear, confusion and emotional harm that would be felt not just today or tomorrow, but well into the future. Access in these circumstances is not always a benefit. It can be a source of significant psychological damage. Second, we must look at the nature of the crime itself. The act of killing the child's other parents represents a fundamental breach of trust, responsibility and care. It's not just a crime against an individual, it's a violation that directly affects the child's sense of safety and stability. A person who has committed such an act in many ways compromises their role as a caregiver. Third, there is an issue of power and control. Even limited access can allow a perpetrator to continue exerting influence over the child or over even the wider family. In cases of domestic violence, control does not always end with the criminal act. It can continue through legal processes and claims of parental involvement. The law must be careful not to become a tool that extends that control. Fourth, we must prioritise the best interests of the child as the overriding principle. And this, while it is the fourth point here, it is the most fundamental and important point. This is not a moral claim, it is a legal standard. The child's welfare must always come first, ahead of any entitlement the parent may claim. And in many cases of domestic homicide, maintaining contact simply will not meet that standard. There is nothing to argue that access should never be allowed. There may be rare exceptional circumstances where carefully managed contact is appropriate. But the key point to this is that access should never be assumed or automatic. Instead, it must be carefully assessed, strictly controlled, and only permitted where it clearly benefits the child. Valerie's law reflects this shift in thinking. It moves us away from a system that prioritised parental status and towards one that centres the child's safety, dignity and emotional wellbeing. In conclusion, Minister, we must recognise that in extreme cases, the question is not what the parent is entitled to, but what the child needs in order to heal, to feel safe and to move forward. And sometimes that means recognising that no access at all is the most favourable outcome in these scenarios. So Minister, once again I thank you. Once again, I want to acknowledge the French family for all their efforts. It's quite extraordinary. And to reiterate the point that the child's interest has to always be centre of every argument we make. Thank you.