''Ascertaining the Views of Children in Guardianship, Custody and Access Proceedings in Ireland'' Report launched

7 Feb 2025

On 7 February, the Child Law Clinic launched a new report that examines the effectiveness of the implementation of the obligation in Article 42A.4.2° of the Irish Constitution to ascertain the views of children in court proceedings concerning guardianship, custody and access. 

It presents the results of phases 2 and 3 of a three-phase research project. Phase 1 consisted of a comparative review (published in 2023) that provided an insight into the processes and structures for the ascertaining the views of children in private family law proceedings in six jurisdictions. Phases 2 and 3 aimed to produce empirical data on the practical reality of child participation in proceedings in Ireland specifically concerning guardianship, custody and access.

The data indicates that notwithstanding the enactment of Article 42A.4.2° of the Constitution, considerable barriers remain to the vindication of the right of children to be heard in guardianship, custody and access proceedings. The views of children are ascertained in a minority of cases at present, with considerable variation in practices from District to District. Costs associated with commissioning expert reports are extremely high, and there is a shortage of experts available to prepare reports. Concerns exist regarding the regulation of professionals charged with preparing reports; the level of training provided to all professionals involved in private family law proceedings; and the level of support and information provided to children to assist them to express their views. Recent recommendations made by the Department of Justice Review of the Role of Expert Reports in the Family Law Process are necessary, but not sufficient. Legislative reform, additional support and training for judges and child-friendly court environments are also necessary if the constitutional obligation to ascertain the views of all children capable of forming their own views is to be fully discharged.

The report is available to download here: Ascertaining the Views of Children in Guardianship Custody & Access Proceedings