Failure to implement law deprives children of voice in court

CHILDREN have no voice in the majority of court cases because the Government has failed to implement a law passed five years ago, a family law expert said yesterday.

This is in breach of the UN Convention on the Rights of the Child, which states that every child has a right to be represented in court proceedings. The only way a child's voice can be heard here in access and custody cases is if a psychologist or social worker appointed by the court carries out an independent assessment of their best interests, Rosemary Horgan said. But the Government has failed to implement two sections of the 1997 Children's Act that would allow a court to seek these independent reports, Ms Horgan said.

This is particularly worrying in cases of domestic violence because the person who is excluded from the home may want access to the child, Ms Horgan added. "But how can a judge tell if this is in the best interest of a child if they have no voice in court," Ms Horgan asked. She told a major conference on Irish law in Cork that most people cannot afford to pay for procuring these professional reports, so only the very wealthy or those with free legal aid have access to these assessments.