Averil Power (Fianna Fail) | Oireachtas source

I agree with the point the Minister made about the voice of the child, which is a significant issue. I welcome the insertion of the new provision that the views of the child will not only be ascertained during judicial proceedings but will be given due weight. Often the courts listen to what children have to say but there is little evidence their views are considered or given any real weight. In one of the leading cases on child abduction, the D and D case, Mr. Justice John MacMenamin stated once the child has been given the opportunity to be heard, then the court?s obligation is satisfied. Accordingly, it is significant the words ?due weight? have been inserted.

The Minister stressed the need and importance of listening to children. She also referred to the guardian ad litem process and it is important proper national procedures are put in place in this regard. In addition, proper national guidelines must be in place to ensure children are listened to. Standardised assessments have been recommended for ascertaining the weight given in individual circumstances. Is that a decision for a judge who is not a child psychologist? Will there be standardised methods to give guidance to the judge and other parties involved in a case? It is important to have education programmes for the Judiciary and lawyers regarding these issues.

It is also important to ensure when a court decides not to go with the wishes of the child ? it could be in a divorce case in which the child has been coached by a parent ? that the judge gives his or her reasons. It is essential to the success of the referendum to ensure we have effective procedures not just in law but in the courtroom to ensure children are listened to.