SECTION 47 REPORTS FAMILY LAW CHILD CARE LAW

SECTION 47 REPORTS FAMILY LAW/ CHILD CARE LAW GALWAY SOLICITORS BAR ASSOCIATION FRIDAY 9 TH NOVEMBER 2018 GALWAY CITY COURTHOUSE, COURTHOUSE SQUARE, GALWAY JOHN C MARTIN GUARDIAN AD LITEM

SECTION 47 REPORTS • BEST INTEREST OF THE CHILD PRINCIPLE • CAN BE BENEFICIAL FOR COUPLES SEPARATING • WITH BOTH PARTIES CAN BE AGREED PRIOR TO COURT • MEDIATION MEETING WITH BOTH PARENTS IS OFFERED DURING THE PROCESS • SECTION 32 & 47 REPORTS CAN BE UTILISED • CHILDREN & FAMILY RELATIONSHIPS ACT, 2015 HAS CLEARER SOCIOLOGICAL /PSYCHOLOGICAL TERMS IN LEGISLATION

ROLE /RATIONALE FOR SECT 47/32 REPORTS IN FAMILY LAW CASES • INTERESTS OF THE CHILD PARAMOUNT • APPLICATION WITHIN FAMILY LAW / CHILDCARE LAW • CONFLICT WITHIN FAMILIES, DIVORCE, DOMESTIC VIOLENCE, SEPARATION, GUARDIANSHIP • FAMILY CHALLENGES REQUIRING LEGAL REDRESS • SECT 47 REPORTS CAN BE VEHICLE FOR MEDIATION /COLLABORATIVE PRACTICE • ISSUES OF BIAS IN SOME AUTHORS…. . ! • ONUS ON SOLICITORS TO PREPARE CLIENT TO ENGAGE IN PROCESS

SECTION 47 REPORTS STRUCTURE OF THE REPORT (I) • COVER PAGE • AUTHOR PROFILE • REFERRAL PROCESS • SUMMARY OF RECOMMENDATIONS • SUMMARISE CHILD/ CHILDREN’S NEEDS • EDUCATION (COMMENCING/COMPLETING/ EXAMS/ CAREER DEVELOPMENT) • PERSONAL DEVELOPMENT AND SEXUAL HEALTH

SECTION 47 REPORTS STRUCTURE OF THE REPORT (II) • ACCESS & ABSENT PARENT (SUPPORT FROM BOTH PARENTS FOR CLEAR ACCESS PLANS / CLARITY FOR CHILD/CHILDREN BEING PART OF TWO HOUSEHOLDS; CHANGING WORLD POST SEPARATION) • BIOGRAPHICAL INFORMATION ON FAMILY • ACCESS TO REPORTS AND PROFESSIONAL CONTACTS PRESCHOOLS) (TUSLA, GARDAI, SCHOOLS,

SECTION 47 REPORTS STRUCTURE OF THE REPORT (III) • EDUCATION • SCHOOL ATTENDANCE • ACADEMIC ACHIEVEMENT • TECHNICAL TERMS IN USE IN THE REPORT • LIST MAIN ISSUES OUTLINED IN THE REPORT • REFERRAL HISTORY • DETAILS OF TUSLA, C&F AGENCY INVOLVEMENT

SECTION 47 REPORTS STRUCTURE OF THE REPORT (IV) • BACKGROUND INFORMATION (HISTORY OF FAMILY RELATIONSHIPS) • PROFILE OF CHILD /CHILDREN • SUMMARY (CHILD DEVELOPMENT, HEALTH STATUS, ATTACHMENTS, EDUCATIONAL ATTAINMENTS) • PROFILE OF PARENTING (BOTH PARENTS) • SUMMARY OF MAIN ISSUES • CONCLUSION

LIST MAIN ISSUES OUTLINED IN REPORT(I) • ISSUES FOR CHILD/CHILDREN • ACCESS WITH ABSENT PARENT • SUPERVISED ACCESS • AGREEMENT WITH PARENTS FOR JOINT PARENTING • ABILITY OF PARENTS TO TAKE JOINT RESPONSIBILITY

LIST MAIN ISSUES OUTLINED IN REPORT(II) • PARENTAL CONFLICT • DOMESTIC VIOLENCE • ADDICTION ISSUES • PARENTAL ALIENATION • FUTURE NEED FOR INTERVENTIONS

SECTION 32 REPORTS • CLEARLY OUTLINES IN THE LEGISLATION CLEARER THAN SECTION 47 • COURT SHALL HAVE REGARD TO ALL THE FACTORS & CIRCUMSTANCES…. . • (A) THE BENEFIT OF THE CHILD TO HAVE A MEANINGFUL RELATIONSHIP…… • (B) THE VIEWS OF THE CHILD …. ? ASCERTAINABLE……. • (C) THE PHYSICAL, PSYCHOLOGICAL & EMOTIONAL NEEDS OF THE CHILD…. • (D) THE HISTORY OF THE CHILD’S UPBRINGING AND CARE, INCLUDING…. . • (E) RELIGIOUS, SPIRITUAL, CULTURAL & LINGUISTIC UPBRINGING • (F) CHILD’S AGE & ANY SPECIAL CIRCUMSTANCES……

SECTION 20 REPORTS • CHILD CARE ACT, 1991 • UNDERTAKEN BY TUSLA AS DIRECTED BY THE COURT • TUSLA MAY COMMISSION OUTSIDE AGENCY/ INDIVIDUAL TO UNDERTAKE REPORT • USUALLY ASSOCIATED WITH CARE /SUPERVISION ORDERS • CHILD CUSTODY MAY BE OF CONSIDERATION

LEGISLATIVE REFERENCES • CHILD CARE ACT, 1991 • GUARDIANSHIP OF INFANTS ACT, 1964 & AS AMENDED • STATUS OF CHILDREN ACT, 1987 • FAMILY LAW ACT 1995 • CHILDREN ACT, 2001 • CHILDREN & FAMILY RELATIONSHIPS ACT, 2015 • CHILDREN FIRST ACT, 2015

CONCLUSION OF SECTION 47 REPORT QUALITY ASSURANCE • BE CHILD CENTERED AND DISTINGUISH BETWEEN BEST INTEREST AND CHILD’S WISHES • GATHER, EVALUATE AND ANALYSE TO PROVIDE EVIDENCE BASED REPORT • WORK COLLABORATIVELY WITH PARENTS, GUARDIANS, PROFESSIONALS & FAMILIES ETC • SEPARATE FACTS FROM OPINIONS • DISTINGUISH BETWEEN FACTS TOLD AND OBSERVATIONS • THE REPORT MUST READ CLEARLY IN ITS STRUCTURE, SYNTAX, GRAMMAR AND LAYOUT • BEARING IN MIND THAT THIS REPORT BECOMES PART OF A LEGAL PROCESS/DOCUMENT • ENSURE SUFFICIENT COPIES ARE AVAILABLE TO THE COURT IN A TIMELY FASHION

COMPLETED & CURRENT WORK EXAMPLES(I) • SECTION 20 & 47 REPORTS • TUSLA, CHILD & FAMILY AGENCY, WATERFORD. 051 -842827 • SECTION 47 REPORTS • BDM BOYLAN & CO SOLICITORS CORK • MOONEY O SULLIVAN SOLICITORS, DUBLIN 14 • DON RYAN & CO SOLICITORS, CO CORK • NIALL MORAN & CO SOLICITORS TULLAMORE, CO OFFALY • DUNNE & CO SOLICITORS, ABBEYLEIX, CO LAOIS 021 -4313333 01 -4939431 021 -4811955 057 -9324741 057 -8731246

COMPLETED & CURRENT WORK EXAMPLES (II) SECTION 32 REPORTS EMMETT O BYRNE & CO SOLICITORS, WICKLOW LYNCH SOLICITORS, CLONMEL, CO TIPPERARY O’SHEA MURPHY SOLICITORS, CLONMEL, CO TIPPERARY DUNNE LAW, WEXFORD TOWN COGHLAN KELLY SOLICITORS, NEW ROSS, CO WEXFORD JEAN CONNORS & CO SOLICITORS CO WICKLOW 0404 -66433 052 -6124344 052 -6122411 053 -9174869 051 -429100 01 - 2764725

COMPLETED & CURRENT WORK EXAMPLES (III) • EXPERT WITNESS, COMPLAINTS & HR/ PERSONAL INJURIES REPORTS • JOYNT & CRAWFORD & CO SOLICITORS, DUBLIN 2 • MCCARTAN BURKE & CO SOLICITORS, DUBLIN 7 • OBRIEN DUNNE & CO SOLICITORS, DUBLIN 2 • BDM BOYLAN & CO SOLICITORS, CORK • BCC SOLICITORS, MOATE, CO WESTMEATH • OBERSTOWN CHILDREN DETENTION CENTRE, LUSK, C O DUBLIN • GATEWAY CHILDREN’S SERVICES LTD, SLIGO 01 -6770335 01 -8725944 01 -6628530 021 -4313333 090 -6482090 01 -8526416 086 -8973776

COSTINGS OF SECTION 32 & SECT 47 REPORTS • REPORTS TAKE 6 DAYS IN 6 -8 WEEKS € 2, 000. 00 PLUS TRAVEL ETC • DEPOSIT OF 50% UPON COMMENCEMENT AND BALANCE WHEN REPORT LEFT INTO COURT • COURT IS € 250. 00 PER DAY PLUS TRAVEL • TRAVEL € 0. 61 C PER KM • FOOD, HOTEL ETC WHEN NECESSARY (AT COST)

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