Gary Gannon (Dublin Central, Social Democrats)
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1143. To ask the Tánaiste and Minister for Justice and Equality if his Department will conduct an independent review into cases where children have been removed from their primary caregiver against their stated wishes in family law proceedings; and if he will ensure that mechanisms are in place to guarantee children’s voices are meaningfully incorporated in such decisions. [11601/25]

Gary Gannon (Dublin Central, Social Democrats)
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1145. To ask the Tánaiste and Minister for Justice and Equality if he will consider establishing an independent review mechanism to assess the consistency and accuracy of expert reports used in family law proceedings, particularly in high-conflict custody disputes. [11604/25]

Gary Gannon (Dublin Central, Social Democrats)
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1146. To ask the Tánaiste and Minister for Justice and Equality if he is satisfied that the Family Justice Strategy 2022-2025 is ensuring that children’s voices are properly prioritised in family law cases; and if he will consider accelerating the implementation of recommendations from the Voice of the Child Working Group. [11605/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 1143, 1145 and 1146 together.

The Constitution provides for the separation of powers between the legislative, executive, and judicial branches of government. The independence of the judiciary is explicitly provided for in Article 35. The appropriate course for reviewing a judgment of a court is via an appeal by a party with standing in the case to the relevant appellate court, or via judicial review or case stated where appropriate.

Article 42A.4 of the Constitution requires that provision be made by law that, in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration. The Article requires that provision be made by law for securing, as far as practicable, that in all such proceedings in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight, having regard to the age and maturity of the child.

Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child’s wishes in such proceedings, having regard to the age and understanding of the child.

Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child, and the courts shall have regard to all of these factors or circumstances that it regards as being relevant to the child concerned and his or her family and make its decision accordingly.

Section 32(1) of the 1964 Act provides that in any such proceedings, the court may do either or both of the following:

• give directions for the purpose of procuring a written report from an expert on any question affecting the welfare of the child;
• appoint an expert to determine and convey the child’s views.

• produce guidelines on the commissioning, content and use of expert reports;
• establish a panel of assessors with a structure to oversee its management;
• establish the role of Children’s Court Advocate, initially on a pilot basis, to assist children in having their voice heard in family law proceedings.