What is a Section 32 Report (Voice of the Child)?
The 2012 referendum on children’s rights brought about changes to the Guardianship of Infants Act 1964. A new part V was inserted, consisting of two new sections, 31 and 32.
Section 31 provides guidance to the courts in establishing what is in the ‘best interests’ of a child in the course of cases under the Act, and it lists factors and circumstances to be considered by the court in its decision making.
Section 32 provides that the court can direct that an expert report be obtained on any question affecting the welfare of the child. It also allows for the appointment of an expert to determine and convey the views of the child.
How I Qualify as an Expert
In conjunction with a level 9 qualification, I have almost twenty years of continued experience working with children, teenagers and families. I have worked as a social care worker in residential care units for children aged 7 – 18 years, managed a youth project working specifically with teenage Travellers culminating in Project of the Year Award, been part of the management team working with service users with disabilities, participated in early intervention family outreach teams, delivers separated and general parenting courses, facilitates certified family mediation & supervised access.
On a voluntary basis, I am or have been a leader with Foroige (teenagers) & local Cub Scouts (primary school ages) & spend eight years on local school council.
I am the Child Protection Officer with the local football club & am also a parent & step – parent.
When may it needed?
When a relationship breaks down and children are involved it can be a challenge for stakeholders to identify what next steps are in the “best interests of the child”. The parents involved may have varying and contradictory perspectives. Parents may have become entrenched in their own individual viewpoints to the detriment of their children. When this happens, a court may appoint an independent child expert to ascertain the views of the children involved.
As someone with over 20 years of experience working with children, teenagers and families in a social care, outreach and voluntary setting and who currently delivers accredited separated parenting courses plus family mediation nationwide, I am deemed to be an “expert”.
How does this happen?
The child expert usually visits the child’s home and engages with them in an informal but professional manner. They may also visit the children in an alternative setting such as a play centre or park in the company of one of the parents to view interactions between the child and the parent. On completion of the examination a report is presented to respective parents’ solicitors or court clerk. The report will contain findings and recommendations based on the best interest of the child.
What is expected of the Child Expert?
They must act independently – meaning they do not take the side of either parent but, rather, act in the best interest of the child.
They must inform the child, unless court directed not to, about why they are meeting the child and what the questions will be related to.
They must facilitate a setting where the child is able to express their own personal views freely, without fear or influence.
They must establish whether or not the childs views have been influenced by either parent.
Is it a good idea to do a Section 32 Report?
If the break up between parents has been acrimonious it can certainly be a good idea to have a Section 32 Report completed. Separated parenting can be a challenge even in amicable circumstances but when there are the remnants of a toxic relationship, separated parenting can be almost impossible. Parents can become so consumed with distain for each other they ignore or forget the love they should be showering their child with.
One key downside to having a Section 32 Report completed is that invariably one parent will view the recommendations and findings as a successful outcome while the other parent will feel aggrieved.
How much does a Section 32 Report cost?
Reports in Ireland can vary in cost but prices are circa €3000. It is best to consult your solicitor in order to acquire more information.
0857627329
philip@beaconparenting.ie
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