Tom Brabazon (Dublin Bay North, Fianna Fail)
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140. To ask the Tánaiste and Minister for Justice and Equality the plans to introduce psychological or psychiatric assessments for parents seeking to assert custody rights over minor children. [52463/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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My Department has no role in the making of court orders in relation to custody, access or maintenance. This is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.

Section 3 of the Guardianship of Infants Act 1964 obliges the courts in deciding any question regarding guardianship, custody or upbringing of, or access to, a child to have regard to the best interests of the child as the paramount consideration. The courts determine the best interest of the child with regard to all relevant circumstances including the capacity of each person in respect of whom an application is made.

To assist the courts in making these determinations, section 32 of the Guardianship of Infants Act 1964 allows the court to order a report, of its own motion or upon an application being made to it by a party to the proceedings, from an expert in writing on any question affecting the welfare of the child in proceedings concerning guardianship, custody or upbringing of, or access to a child. Section 47 of the Family Law Act 1995 provides that the court may, of its own motion or on application to it by a party to the proceedings, procure a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate.

There are no plans to introduce psychological or psychiatric assessments for parents seeking to assert custody rights, beyond those powers that the courts already possess to order reports under the above pieces of legislation. In addition, where there may be concerns regarding the welfare of children, I understand the Child and Family Agency, Tusla, can undertake parental capacity assessments.

My Department is fully committed to reforming the family justice system in Ireland and as part of the Family Justice Strategy 2022-2025, which was published in November 2022. This ambitious Strategy outlines the steps needed to create a more efficient and user-friendly family justice system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals.

Various actions in the Strategy have already been completed, including the publication of a wide-ranging review into the role of expert reports in the family law process on 13 June 2024. The Review sets out 20 ambitious recommendations for reform, the implementation of which will, amongst other things, promote consistency and common standards in hearing the voice of the child and safeguarding their best interests. They include:

• produce guidelines on the commissioning, content and use of expert reports;
• establish a panel of assessors to provide expert reports 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 private family law proceedings.