The Guardianship of Infants Act 1964 (“1964 Act”) (as amended) governs guardianship, custody and access. Section 3 of the 1964 Act provides that the best interests of the child shall be the court’s paramount consideration in relation to guardianship, custody or access. Section 3(2) provides that the court shall determine the best interests of the child concerned, in accordance with Part V of the Act (s.31 and s.32).
Section 31 states that: “(1) In determining for the purposes of this Act what is in the best interests of a child, the court shall have regard to all of the factors or circumstances that it regards as relevant to the child concerned and his or her family”, and provides a list of those factors and circumstances. Section 31 also states that: “In obtaining the ascertainable views of a child for the purposes of subsection (2)(b), the court—
shall facilitate the free expression by the child of those views and, in particular, shall endeavour to ensure that any views so expressed by the child are not expressed as a result of undue influence, and
may make an order under section 32.”
Section 32 of the Act provides:
“(1) In proceedings to which section 3(1)(a) applies, the court may, by order, do either or both of the following:
(a) give such directions as it thinks proper for the purpose of procuring from an expert a report in writing on any question affecting the welfare of the child; or
(b) appoint an expert to determine and convey the child’s views."
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 foot of the publication, in June 2024, of a wide-ranging review into the role of expert reports in the family law process, there has been significant progress in implementing its 20 ambitious recommendations for reform.
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 Children’s Court Advocate Pilot Project and the development of a voice of the child report template and guidelines.
The envisaged role of a Children’s Court Advocate is to support children in their journey through private family law proceedings, providing information and ensuring their voice is heard. €2.5 million was allocated for reform of the process in Budget 2026 and part of that will go towards funding the pilot. The Children’s Court Advocate pilot will commence in early 2026 and will initially be rolled out in two locations. The service will be free of charge for children and their families.
The Chief Justice has established a Judicial Committee to develop guidelines on the commissioning, content and use of welfare reports, chaired by the Honourable Ms Justice Nuala Jackson of the High Court. The Committee is being supported by my Department and the guidelines are expected to be published shortly.
Once fully implemented, these recommendations 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. They will support the judiciary in their decision making and ensure that children are at the centre of our efforts to improve outcomes for them and their families.
