Dáil Éireann Debate, Thursday - 7 July 2022
268. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth if he has identified any deficiencies in the extent to which children's interests are kept to the fore in cases before the courts; and if he will make a statement on the matter. [37008/22]
View answerThe issue that the Deputy has raised is one which is relevant to both my Department and the Department of Justice. My Department has policy responsibility for public law child care proceedings and the Department of Justice has responsibility for private family law proceedings, which include proceedings relating to separation, divorce and child custody cases.
In terms of public law child care proceedings, my Department is currently progressing the Child Care (Amendment) Bill through the Oireachtas. The purpose of this Bill is to regulate and extend the system of guardian ad litem appointments. The role of the guardian ad litem is to ascertain the views of the child, communicate these to the court and to make recommendations as to what is in the best interests of the child.
The Bill also contains amendments to the Child Care Act 1991, which are intended to reflect the intent of the 31st Amendment to the Constitution (the Children’s Referendum). The Bill specifically provides that in any proceedings before a court in relation to the care and protection of a child, under the Child Care Act, the court is obliged to regard the best interests of the child as the paramount consideration.
The Bill further provides that where a child is capable of forming their own views in any child care proceedings, the court must determine how to facilitate the child in expressing their views. The court must then give any views that the child wishes to express due weight, having regard to the age and maturity of the child.
As regards private family law, as the Deputy will be aware, there is no specialist family court structure in Ireland at present. The Department of Justice published the General Scheme of the Family Court Bill in September 2020 which aims to establish a Family Court Division within the existing court structures. My Department is contributing to this process by participating in the Family Justice Oversight Group. The aim of this Group is to identify ways to modernise and improve family justice and people’s experience of the system.
