Jonathan O'Brien (Cork North Central, Sinn Fein)
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31. To ask the Minister for Justice and Equality the persons tasked with providing expert child welfare and safety assessments to the courts in family law matters to assist the courts in making custody and access determinations in circumstances of domestic violence. [24551/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following information. In private family law cases, it is the responsibility of the person who is alleging the violence to bring an application for a domestic violence order. In some, but not all, cases of domestic violence, applicants also seek orders in relation to custody or access. In bringing an application, it is open to an applicant to call any witnesses the applicant sees fit or engage any expert to provide evidence to support the applicant's case. The State does not provide reports for the Courts hearing private family law cases. If requested, the Courts make orders dealing with the terms of custody of and access to children where domestic violence is alleged.

In public family law proceedings, the Child and Family Agency, Tusla, apply to bring children into care, in instances of abuse, neglect or domestic violence. In making an application, Tusla engages experts to prepare reports on the welfare of the children who may also give direct evidence in Court.

The Deputy will be aware that the Children and Family Relationships Act 2015 contains new provisions regarding the best interests of children which have been in operation since 18 January 2016. Section 45 of the 2015 Act replaces section 3 of the Guardianship of Infants Act 1964 with a new provision which clearly stipulates that the best interests of the child will be the paramount consideration for the court in any proceedings where the guardianship, custody or upbringing of, or access to, a child is in question.

The best interests of a child are to be determined in accordance with the new Part V of the Guardianship of Infants Act 1964, inserted by section 63 of the 2015 Act. The new Part V contains two important sections. Section 31 sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include any harm which the child has suffered or is at risk of suffering as a result of household violence, and the protection of the child’s safety and psychological well-being. Section 32 provides the court with the option to seek a written expert report on the welfare of the child. It also enables the court to appoint an expert to determine and convey the child’s views to the court, so that the child’s voice can be heard in the proceedings.