A panel of people appointed to safeguard the interests of children in family law cases should be established, a lawyer who represents health boards said yesterday.
At a Family Lawyers' Association seminar in Dublin, Ms Carmel Stewart said in cases where a child's welfare was at issue, the court should receive an input either from Guardians ad Litem (GALs), who were persons appointed to safeguard the interests of a minor, and/or a legal representative so that the child's views and needs could be independently ventilated in court.
She said there was a need for guidelines in relation to the operation of such legal guardians, and a panel of State-approved GALs which should be paid for by the Exchequer.
The ongoing difficulty was that, in the absence of any statutory guidelines governing the roles of GALs, it was impossible to say what should occur in any particular case.
"The question of who should act as GALs is a very important question. My own personal belief is that a GAL should be a professional experienced in the childcare area. I do not believe that it is appropriate for solicitors to act as GALs in childcare cases."
As part of the Government's National Children Strategy Group, a working group on GALs had been set up, and was expected to report this year.
"Part of the group's focus will be in relation to the costs of GALs, and while this is obviously an important issue, I believe of much more importance to the children of Ireland is that guidelines and regulations be set out for the operation of GALs in this jurisdiction."
Ms Freda McKittrick talked about the work of GALs. She is head of service at Beacon, the Barnardos Service.
She said all the stakeholders within the courts system must be aware of the interests and needs of children at every level. Ongoing judicial and legal training, and development in the welfare, needs and rights of children would be an intrinsic part of this approach.
She said there was an urgent need for good practice standards for GALs to be established at a national level, and for fully independent, accountable and properly resourced family court support and GALs services.
Family law barrister Ms Catherine Lucey Neale said judges who sat on the family law bench needed to develop a keen sense of awareness of the dynamics of marital breakdown, the needs of both mother and father and the paramount needs of the child.
She said the child did not have a direct voice to the court. Some form of court welfare system was crucial to the future management of this area of the law.
"I have no doubt that the future thrust and trend in relation to legislation will be an enlarging of children's rights in respect of their wishes in relation to matrimonial law.
"By what mechanism this is achieved will be the subject of much debate, and would have to be discussed in my view in tandem with the provision by the State of a court welfare system." she said.