Oireachtas Joint and Select Committees

Wednesday, 13 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

My next question is for Dr. Shannon. It relates to properly implementing Article 42A of the Constitution and giving effect to the provision on the voice of the child. In the discussion we had with Dr. Conor O'Mahony a number of weeks ago he identified three difficulties and I hope I do them justice. The first is where an expert is not appointed and the lack of clarity as to what should happen in these circumstances. The second is there is not a lot of clarity around determining whether a child has the capacity to have his or her voice heard. The third is where an expert is to be appointed but the parties cannot pay for it. Does this concur with Dr. Shannon's analysis? That being the case, is the first of the three the primary difficulty? Is it the most substantial problem? Are all three of equal weight? Are there other issues?

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