Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of the Family Law System: Discussion

Mr. Keith Walsh:

It should be expert reports. If one wanted to get an expert report, as we stated in our submission, what happened prior to the 2015 Act was that one would go into court and probably be dealt with on the first date unless there was a for-mention-type situation. Currently, in a Dublin court, one would have to apply for the report on the first day, return another day to get the report and return yet another day to figure out how long the report will take and whether it can be agreed. Before one gets anywhere, therefore, one will have had four court dates and appeared on the list four times but one will not even have received a hearing date. At the hearing date, the expert will probably give evidence if there is a conflict, which there will have to be because if there are two parents, the expert will not necessarily solve the problem. We read the 2015 Act as providing that the voice of the child must be heard and that is generally done by providing an expert report.