Seanad debates

Friday, 27 March 2015

Children and Family Relationships Bill 2015: Committee Stage (Resumed)

 

10:30 am

Photo of Averil PowerAveril Power (Fianna Fail) | Oireachtas source

I echo those comments. It is very important that children's interests are considered in a consistent way in these cases. One of the difficulties is that some judges are very good and very experienced in listening to children, even young children because it is possible to ascertain their views and feelings in an age-appropriate way, while other judges are quite reticent about that. There is a need tor judicial training and a support service in this area to ensure consistency, especially where conflict exists. It is much easier for a child to deal with a family break-up if they feel involved and feel they have been listened to. Sometimes the courts will decide that what is in the best interests of the child is not necessarily what the child thinks at that point because it must take a broader view. It is very important that children are heard in an age-appropriate way and that we have a proper support service that is not dependent on means. We might need a publicly funded service. If we had a guardian ad litemsystem in private law cases and parents could afford to pay for it, that is fair enough, but if they cannot, it should not be the case that one would not be appointed or that there would not be an independent person to represent the child. It should be part of a broader legal aid system.

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