Dáil Éireann Debate, Tuesday - 28 April 2026
843. Deputy Paul Nicholas Gogarty asked the Minister for Justice, Home Affairs and Migration if he will address the significant cost barriers associated with Section 32 Voice of the Child reports which can range from €700 to €5,000; the steps being taken to ensure that children from lower income families are not denied the opportunity to have their views heard in family law proceedings; and if he will make a statement on the matter. [30306/26]
View answer844. Deputy Paul Nicholas Gogarty asked the Minister for Justice, Home Affairs and Migration when the proposed national panel of accredited assessors for Section 32 and Section 47 reports will be established, as recommended in the 2024 Review of Expert Reports in the Family Law Process; and if he will make a statement on the matter. [30307/26]
View answer845. Deputy Paul Nicholas Gogarty asked the Minister for Justice, Home Affairs and Migration he will introduce statutory minimum qualifications and regulatory oversight for all court appointed assessors, including those offering opinions on parental alienation, in light of concerns raised in Dáil Éireann regarding unqualified and unregistered experts; and if he will make a statement on the matter. [30308/26]
View answerI propose to take Questions Nos. 843, 844 and 845 together.
As part of the Family Justice Strategy, my Department undertook both a public consultation and independent research on the topic of parental alienation. The findings of both were analysed, and arising from this, Departmental officials developed a policy paper on how to address the issue.
Both the paper and the report recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of accusations of parental alienation within the Irish courts, the research report found that, similar to other courts internationally, there appears to be increasing claims of parental alienation in family law proceedings. It appears to arise particularly in custody and access disputes and in cases where allegations of domestic, sexual and gender-based violence feature.
Despite the highly contested nature of the concept, there was consensus in the public consultation that the means to address parental alienation lie in improvements to the Irish family courts and family justice system.
Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation, which are also linked to actions in the Family Justice Strategy.
They centre on progressing elements of family justice reform, building the system’s capacity to adequately hear the voice of children, and improve the knowledge, skills and experience of all those involved in order to make the best determinations in relation to each case on its own merits. This is especially important in high-conflict cases, in which allegations of parental alienation can often arise.
Ensuring that children’s voices are heard and their best interests given paramount consideration are not just critical aspects of family law, they are constitutional requirements.
One of the recommendations in the Parental Alienation Policy Paper was to undertake a review of expert reports in family law, this was also committed to in the Family Justice Strategy 2022-2025.
Further to this, the Programme for Government commits to ensuring proper regulation and funding for Voice of the Child and Welfare Reports, giving children a voice in legal proceedings that affect them.
On 13 June 2024, my Department published a wide-ranging review of the role of expert reports in the family law process. The Review sets out 20 ambitious recommendations for reform, the implementation of which will, amongst other things, promote consistency and common standards in hearing the voice of the child and safeguarding their best interests. The Review recognises the concerns around regulation and cost and puts forward several recommendations to address them including:
• produce guidelines on the commissioning, content and use of expert welfare reports;
• develop a voice of the child report template and guidelines and pilot the role of Children’s Court Advocate;
• develop cost controls for expert reports and review the fees specified for Voice of the Child reports in the Guardianship of Infants Act 1964 (Child’s Views Experts) Regulations 2018; and,
• establish a panel of assessors with a structure to oversee its management.
Significant progress has been made in advancing these recommendations:
On 16 April 2026, Judicial Guidelines on the Commissioning, Preparation, Content and Usage of Expert Reports in Family Law Proceedings were published. A cross-jurisdictional committee of Judges chaired by Ms Justice Nuala Jackson prepared the guidelines. These guidelines are intended to promote consistency and best practice in the use of welfare reports in private family law proceedings in Ireland. They clarify the role and duties of an expert, the process of compiling a report and what a report should contain, releasing reports to the parties and the complaints mechanism, among other things.
In October 2024, my Department established a Voice of the Child Working Group with membership comprising both statutory and voluntary stakeholders in the family justice system. The group was set up in line with the commitment in Goal One of the Family Justice Strategy, that of “supporting children”. The group is taking forward some of the recommendations in the Review of Expert Reports, including the development of a Voice of the Child report template and guidelines and the development of the Children’s Court Advocate Pilot Project.
The aim of the Voice of the Child Report Template and Guidelines is to ensure consistency of approach by experts in supporting children to have their voices heard. The Working Group has made significant progress on drafting the template and guidelines and they are expected to be published in the coming months.
The Children’s Court Advocate Pilot Project will be established in two locations, Waterford and Clonmel in the coming months. The pilot will test a new way of hearing the voice of children in private family law cases and will provide regulation of assessors and consistency of practice. It will be a free service for children and their families. Running alongside the Pilot Project will be a comprehensive evaluation to assess its effectiveness in achieving its aim of improving how the voice of the child is heard and considered in private family law proceedings.
Officials in my Department are currently undertaking a preliminary scoping exercise to progress work on cost controls and establishing a panel of family law assessors. The panel will address a number of issues identified in the Review of the Role of Expert Reports in the Family Law Process, including lack of regulation of experts and lack of adequate training or accreditation.
Once fully implemented, the recommendations in the Review of Expert Reports will improve the quality of expert reports in family law proceedings, standardising practises relating to how they are developed in situations where they are required.
