Ms Rachel Baldwin:

There is a great degree of inconsistency. It is done case by case and judge by judge. The regulations that came in this year, in respect of which issues relating to the fee applicable obviously arise, allow a court to order two types of reports, one of which is the voice of the child while the other is a question affecting the welfare of the child. All judges will make decisions regarding access, guardianship and custody where the welfare of the child is paramount. I think it was highlighted by someone else that this is child focused. It is the child's right to have access, if appropriate, to his or her parents rather than the parents' rights. There can be so much conflict between parents and, in my opinion and based on my experience, the majority of judges have said that this is about the child's right and not necessarily about the parent's right. The problem was that when this Act came in, there was no guidance as to how this would be done and how it would be funded. As was pointed out, it is to be funded by the parties. The Legal Aid Board stepped up to a certain degree and it contributes when someone has a right to legal aid. The fee is, however, completely inappropriate. It is not proper for the type of report. The difficulty is that if one just has the voice of the child, that does not necessarily take everything into account. For example, there might be a case where the child has been exposed to conflict, be it domestic violence or just marital or non-marital breakdown or conflicts between parents, or there might be a case where the child has not been exposed, the parents have kept the child away and the child might have a particular view either way but it is not necessarily in the child's best interest for him or her to have access on certain days. A lot is said about fathers' rights and that goes without question but it might not be in the child's best interests to have 3.5 days with either parent or both parents. The child needs a degree of consistency. Usually, if the child has a base, be it because of school, social activities or friends, he or she can see the other parent. Obviously, work is also an issue if both parents work or one parent works. A side issue that comes up, particularly in Dublin, might involve a case where the courts are more than willing to give overnight, mid-week or weekend access and the parents are agreeable to that but the parent who does not have the day-to-day primary care control of the child does not have the housing or the ability to provide overnight access. That happens quite a lot. There are no issues between the parents but, unfortunately, the accommodation is not available.