Dáil Éireann Debate, Thursday - 18 June 2015
193. Deputy Clare Daly asked the Minister for Justice and Equality her plans to review current legislation to ensure that in all cases affecting them, appropriate procedures and structures are in place to ensure that the children in question are facilitated in having their opinions recorded and considered; and if she will make a statement on the matter. [24479/15]
Amharc ar fhreagraThe Guardianship of Infants Act 1964 as it stands already mandates a court, as it thinks appropriate and practicable having regard to the age and understanding of a child, to take the child's wishes into account in proceedings related to guardianship and custody or access to the child, or otherwise in relation to the child's upbringing.
Once the relevant parts of the Children and Family Relationship Act 2015 have been commenced, the court's powers will be further enhanced by allowing, where necessary, to appoint an expert to convey the child's views on these matters to the court. As the Deputy is aware, the Child Care Act 1991 provides for the appointment of a Guardian ad Litem, inter alia, to ascertain the child's views in proceedings under that Act.
