Pictured (l-r): Sinead Kearney (ByrneWallace), Denise Kirwan (Comyn Kelleher Tobin), Children's Ombudsman Dr. Muldoon (attending separately), Josepha Madigan TD, Keith Walsh (Chairperson, Child & Family Law Committee), Carol Ann Coolican (Legal Aid Board).

Three issues addressed

The submission concerns the General Scheme of the Child Care (Amendment) Bill 2017. It welcomes the legislation, while making a number of recommendations to deliver an independent and effective national Guardian ad Litem service. The three main issues highlighted by the Law Society were: 

1. The current Scheme needs to be amended as it is constitutionally unsound. There is an explicit constitutional right pursuant to Article 42A.4.2 for the child's voice to be heard and it follows that there is a presumption that a child is entitled to a Guardian Ad Litem in every case, including reviews. Accordingly there is an obligation on the courts to appoint a Guardian ad Litem in each case. The Scheme, as drafted, only gives a discretion to the Circuit and District Courts on such appointment and does not reflect the wording of the constitution.
2. It is imperative that an independent agency manage the Guardian ad Litem service.
3.  The Scheme as drafted would be greatly enhanced by the specific inclusion of specific criteria to be taken into account in determining the best interest of children. These are currently set out Section 31 of the Guardianship of Infants Act, 1964 in relation to cases involving children in private law matters and similar criteria should be set out for public law cases.

• Read the Submission on the General Scheme of the Child Care (Amendment) Bill 2017

The Family & Child Law Committee

The Family & Child Law Committee of the Law Society makes submissions and organises seminars on issues such as separation, divorce, and children in care. Law Society members can log in to access more details on the Family & Child Law Committee.