PRACTICE DIRECTION DC25
FOR DISTRICT NO. 20
MALLOW, FERMOY &  MIDLETON DISTRICT COURTS

In the matter of SECTION 32.1 (a /b) of the Guardianship of Infants Act 1964
In the matter of S.I. 587 of 2018

Pursuant to Art 42A, 4.2, the views of a child/children who are capable of forming their own views are to be ascertained in Guardianship, Custody and Access proceedings.

It is the Court’s view that it’s preferred method in obtaining the views/wishes for all children over 5 years of age is by way of an assessment under Section 32 of the Guardianship of Infants Act 1964 (as amended) (hereinafter called the GOIA 1964.)

Accordingly, unless there is an Agreement between the Parties in such proceedings, the Court will generally order a report to be sought from a suitably qualified professional Assessor.

It is the Court’s view that delays in these proceedings should be kept to a minimum and thus applications pursuant to Section 11 of GOIA 1964 will be made returnable before the Court within 6 weeks at the latest from the date of issue, to determine whether an Order under section 32.1 (a or b) is required.

If determined necessary, the Court will REQUIRE.

• Name and address of assessor.
• Confirmation funding for the report is in place.
• Date in which the assessment can commence.
• Date as to when the assessment will be completed.

The COURT except in exceptional circumstances, will generally make an
ORDER APPOINTING an ASSESSOR to complete a report under section 32.1 (A) ONLY.

In determining what is in the best interests and welfare of the child/ren, the ASSESSOR will be requested to consider the wishes/views of the child/ren in those circumstances.

The COURT, in compliance with fair procedures, expects that the Report is be written on the understanding that once complete and finalised, the full report will be seen and most likely will be held by the Parties involved. This is be done to assist the Parties to consider and seriously reflect on the report’s rationale, findings/recommendations.

UNLESS an application is made in advance to the contrary, The COURT will make an

ORDER DIRECTING THAT THE SECTION 32 REPORT BE RELEASED BY DISTRICT COURT OFFICE TO THE SOLICITORS/PARTIES ON RECEIPT INTO THE OFFICE.

IN CAMERA RULE

SECTION 32 reports are subject to the IN CAMERA RULE. The Court will require that the Parties strictly obey and comply with the full rigours of "In Camera Rule".

WILFUL FAILURE TO COMPLY WITH THE IN-CAMERA RULE MAY BE DEEMED CONTEMPT OF COURT WITH A POSSIBLE PENALTY OF A FINE OR IMPRISIONMENT OR BOTH

REPORT REQUISITES

The ASSESSOR is to specifically consider.

• The wishes/ views of the child/ren, (if able to be ascertained).
• The circumstances of the parties’ respective positions.
• The wishes of the parties.
• The statement of Arrangements as filed.
• Any additional reports as agreed or directed.

The Report should further specifically comment (and critique if appropriate) the Order(s) being sought by the respective Parties including their supporting rationale.

The Report should identify (if possible) all further actions to be considered/undertaken by the Parties, jointly or severally which could reduce potential future conflict.

THE REPORT IS REQUESTED TO MAKE RECOMMENDATIONS AS FAR AS PRACTICABLE

• WITH REFERENCE TO PERIODIC CONTACT, BOTH DIRECT AND OR INDIRECT, IN THE SHORT AND MEDIUM TERM INCLUDING WHO, HOW AND WHERE THE PICKUP AND DROP OFF SHOULD BE.
• WHETHER OR NOT THERE SHOULD BE THE INVOLVEMENT OF THIRD PARTIES
• WITH REFERENCE TO HOLIDAY ACCESS, BOTH DIRECT AND OR INDIRECT
• WITH REFERENCE TO COMMUNICATION PARAMETERS BETWEEN THE PARTIES WITH REFERENCE TO FUTURE ACCESS AND WELFARE ISSUES.

THE COURT WOULD WELCOME REASONS FOR EACH RECOMMENDATION,

THE COURT MAY REQUIRE THE ASSESSOR TO ATTEND COURT TO GIVE EVIDENCE TO EXPLAIN THE REPORT AND  POSSIBLY ADDRESS ADDITIONAL ISSUES/QUERIES THAT MAY ARISE WHICH CANNOT BE AGREED.

ACCORDINGLY, IF DISCLOSURE OF THE REPORT TO THE PARTIES OR POSSIBLE ATTENDANCE AT COURT IS NOT ACCEPTABLE THEN PARTICIPATION SHOULD BE DECLINED PRIOR TO COMMENCEMENT OF ASSESSMENT.

This Practice Notice will come into effect from 1 November 2023 and will remain in place until 1 August 2025.

Dated the 26 day of October 2023.
Judge Colm Roberts
JUDGE ASSIGNED TO SAID DISTRICT