Clare Daly (Dublin Fingal, Independent)
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78. To ask the Minister for Justice and Equality the progress on drawing up regulations to provide clarity regarding the appointment of experts to hear the voice of the child in family law cases, as provided for in the Children and Family Relationships Act 2015. [17180/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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. One of the Act’s important reforms is to facilitate the hearing of the voice of the child in any court proceedings where the guardianship, custody or upbringing of, or access to, a child is in question. Section 63 of the Act inserted a new section 32 into the Guardianship of Infants Act 1964 which provides the court with the option to seek a written expert report on the welfare of the child. The new section 32 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. These provisions allow the courts to take account of the evolving capacity of children and also give the courts the flexibility to ensure that all children’s views can be heard.

My Department, in conjunction with the Office of the Parliamentary Counsel and the Department of Children and Youth Affairs, is currently finalising the drafting of regulations under section 32(10). These regulations will specify the necessary qualifications and experience of child’s views experts appointed in private family law proceedings and the fees and expenses that may be charged by such experts.