Oireachtas Joint and Select Committees

Wednesday, 13 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Dr. Kenneth Burns:

The two reforms of thein camerarule that have happened so far have been somewhat successful. The committee has heard from Dr. Carol Coulter about her work and the transparency brought to the court process. Having very controlled experienced professionals reporting on the process can be beneficial for us in making decisions. It is unfair to make decisions without hearing directly from the people whom they will affect most directly. The time when we did not trust children and young people to speak for themselves, or believed they needed others to speak on their behalf, has long passed. In particular, I am sure parents have many things to say, as we heard from a men's group today. A number of methods are appropriate, including researchers and others being directly permitted outside proceedings, as well as various bona fide organisations, as mentioned in other amendments. They should be permitted to speak to children, young people and parents in a responsible manner. Fora such as this and others can hear directly from those involved, which can inform wider decisions. We have some good evidence which shows how childcare proceedings work, but it is not deep enough. We should really be encouraged by the success of the amendments.

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