Current system
Guardians ad litem are judge-appointed representatives, who communicate the wishes and interests of children to the court in child care proceedings. Guardians also make recommendations to the court about the care plan. Under the current system, guardians are appointed on an ad hoc basis where the judge decides when they are necessary and who the guardian will be. Civil society organisations such as Barnardos provide guardian ad litem services but the role is not regulated. This is all about to change.
Child Care (Amendment) Bill 2019
A significant piece of child care legislation is currently making its way through the Houses of the Oireachtas. The Child Care (Amendment) Bill 2019 is set to overhaul the guardian ad litem arrangements.
A national guardian ad litem executive office will be established in the Department of Children and Youth Affairs. The office will be responsible for providing the guardian ad litem service to the courts, monitoring the performance of guardians, and providing legal advice and arranging legal representation for guardians, where required.
Under the new rules, there is a presumption that a guardian should be appointed in child care cases. If a judge decides not to make such an appointment, the judge must explain how the court intends to hear the voice of the child.
The law won’t affect private family law matters. If you and your partner are having a dispute about access and custody, a guardian will not be provided. If a child has been taken into care by the state, the child is entitled, under the new law, to have a guardian appointed to represent his views and best interests in those proceedings, unless a judge has good reasons to think otherwise. The Bill is still in its early stages but appears to have cross-party support as well as the support of other stakeholders and advocacy groups.
The law marks another shift towards making the best interests of the child the paramount consideration in court proceedings involving children.