Holly Cairns
Question:893. Deputy Holly Cairns asked the Minister for Justice her views on reviewing guardianship laws (details supplied) to reflect larger societal changes; and if she will make a statement on the matter. [27738/23]
View answerTuesday, 13 June 2023
Questions (893)
Written answers
The Government is determined to overhaul the operation of the Family Justice System, to ensure that we have a more efficient and user-friendly family court process that puts the family at the centre of its work.The Guardianship of Infants Act 1964 sets out the current law relating to guardianship in line with Article 42A.4 of the Constitution, which requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration. A very significant modernisation of the law in this area was brought about in 2015 with the enactment of the Children and Family Relationships Act 2015, which amended extensively the 1964 Act.
As regards a review of the 1964 Act, my Department engaged academic experts to conduct research for the purpose of a review by my Department of the operation of the provisions of the 1964 Act relating to guardianship of children whose parents are not married or in a civil partnership. The research report, which was finalised in recent months, will be considered by my Department in the context of the work on the review as it progresses.
On 16th November, I published the first Family Justice Strategy, which sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children, assist their parents in making decisions that affect all of the family, one that makes it easier for vulnerable parents and families to get support and make informed decisions.
Among the actions in the Family Justice Strategy, under the Goal of Supporting Children, is an examination of the role of expert reports including section 47 and 32 reports - in the family law process, the commissioning and availability of these reports, their content and use, and the registration and other requirements of the various professionals proving these services. This review is progressing with a set of recommendations to be produced by the end of this year. Later in the year, a Working Group will be established to review the effectiveness of the current arrangements for hearing the voice of the child in private family law cases.I do not propose to amend the 1964 Act at this time in advance of the completion of these reviews.