I wish to advise that custody and access arrangements are private family law matters which come under the remit of the Department of Justice. Queries in respect of the operations of the Courts should be directed to the Minister for Justice.
As the Deputy is aware, Tusla, the Child and Family Agency has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. Tusla does not have a primary role in family law proceedings.
However, Section 20 of the Child Care Act 1991, provides that a Court can ask Tusla, the Child and Family Agency, to carry out an investigation of a child's circumstances and report back to the Court. These reports, sometimes requested by the Judge in family law cases, are completed by Social Workers. The report may include whether Tusla is making any application in respect of the child or children in the case, any supports it has provided or intends to provide, and any other actions it has taken in relation to the child or children in the case.
Tusla has advised that relationship breakdown and separation have long given rise to issues surrounding the subsequent welfare of children that can result in referrals to Tusla Child Protection and Welfare Services. Parental behaviours that cause harm to a child are relevant matters for Tusla in the context of considering the impact of such harm on the child and supporting and protecting a child from future danger associated with such harm.
As previously advised, legislation related to private family law is under the remit of the Department of Justice. Section 32 of the Guardianship of Infants Act 1964 (as inserted by section 63 of the Children and Family Relationships Act 2015) provides that a court may appoint an expert to determine and convey the child’s views (known as a 'voice of the child report'). Such a report will simply provide the child's opinion and views to the court. It normally involves one or two meetings between the child and the assessor.
As previously stated, queries in relation to the voice of the child and any matters in relation to the operations of the Courts would be better directed to the Minister for Justice.
Any individual who has concerns for the welfare or protection of a child, should report these concerns to Tusla. If there are any concerns about Tusla’s dealings in a particular case, Tusla should be contacted directly in the first instance.
