Hugh Condron - www.familylawcentre.ie - Section 32, 47 & 20 Reports in Family Law

 

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 Family Relationships Act 2015 amended the Guradianship of Infants Act 1964 allowing the Court to order a report to help it determine what is in the best interests of the child.

Section 32 & 47 Reports

These reports are normally carried out by child psychologists but other experts may also be appointed by the court. The particular expert appointed will carry out a child welfare assessment and ascertain the child's wishes and views. They will then provide a report to the court, setting out their professional opinion on. They may also make recommendations to the Court in relation to issues such as custody,  access or other matters. A Section 47 report is almost the same as a Section 32 report but it has some differences. The expert will usually spend more time with the family in a variety of different interviews to get a better idea about the whole family's needs.

There are fees involved for the preparation of these reports which must be paid by the parties to the proceedings. The judge will decide how much each party will have to pay.

Section 20 Report

Section 20 of the Child Care Act 1991 allows the Court to direct the Child and Family Agency to undertake an investigation of a child's circumstances such as their welfare, safety, health and care. A social worker will carry out this investigation and provide a report to the court. If the agency decides not to apply for a care order or a supervision order, they must explain the reasons to the court. They must also inform the court about any supports or assistance they have provided, or intend to provide, to the child or the family going forward.

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