Hugh Condron - Family Law Consultant

  What are Section 32, Section 47 & Section 20 reports? It is important to understand the background to the 32 & 47 reports. Following a 2012 referendum a change was made to the Irish Constitution, making it a requirement (where a child was old and mature enough) for the “voice of the child” to be heard by the court in proceedings that would affect them. The Court must take their views into account, while always focusing on the best interest of the child. It is worth noting that the best interest of the child may not always be the same thing as what the child wants, but the child’s view will be heard. Article 42A, inserted into the Irish Constitution, strengthens the position of children in legal proceedings, and gives them rights of their own, including in Family Law cases. It says that, The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights. The Children and Famil

Key points from the Gender Recognition Act, 2015 [1] The Act makes provision to recognise change of gender and to provide for Gender Recognition Certificates. In doing so, the Act amends the Irish Nationality & Citizenship Act 1956, the Civil Registration Act 2004, the Passports Act 2008 and the Adoption Act 2010. General Points 1.      There will be no charge for making an application for a gender recognition certificate. 2.      If an application is refused, reason(s) will be given why and an appeal may be made within 90 days. If no appeal is made, after 90 days the decision to refuse is final (See Section 17 for details). 3.      If a person is over 18 there is no requirement to produce any medical or psychiatric reports, this requirement relates to those from 16 – 18 years of age. Eligibility to apply for a Gender Recognition Certificate i 1.      Must be 18 or over. 2.      In certain cases where a child is 16 but not 18 an application for age exemption will o