Voice of the Child Ireland: How Children's Views Influence Custody Decisions

A Constitutional Right, Not a Courtesy

Since the 2012 referendum inserted Article 42A into the Irish Constitution, children have a constitutional right to have their views heard and given due weight in court proceedings that concern guardianship, custody, or access. This is not discretionary — the State is legally obligated to ensure it happens.

But "heard and given due weight" is not the same as "gets to decide." The child's views are one of eleven statutory factors under Section 31 of the Guardianship of Infants Act 1964. They inform the judge's decision; they do not determine it. A child who expresses a strong preference still has their views weighed against the other ten factors: the benefit of relationships with both parents, educational stability, safety from harm, each parent's capacity, and so on.

How Courts Hear Children's Views

Irish courts avoid bringing children into the courtroom whenever possible. Instead, they use two specialist mechanisms to hear a child's perspective.

Section 32 Reports (Child's Views Expert)

Under Section 32(1)(b) of the Guardianship of Infants Act 1964, a judge can appoint a child's views expert to meet privately with the child. This expert — typically a child psychologist, social worker, or family therapist — conducts one or more interviews with the child, assesses their genuine views, and submits a written report to the court.

The expert's role is narrow and specific: convey what the child actually thinks, in the child's own words, without coaching, interpretation, or advocacy. The report describes the child's preferences, any concerns the child raised, and the expert's assessment of whether the views appear to be the child's own or influenced by a parent.

Section 32 reports may be ordered when the child is old enough to form and express coherent views; there is no fixed minimum age. They are particularly valuable in contested cases where each parent claims the child wants to live with them.

Section 47 Welfare Reports

Under Section 47 of the Family Law Act 1995, the court can commission a broader welfare assessment. Unlike a Section 32 report, which focuses specifically on the child's views, a Section 47 welfare report evaluates the entire family dynamic:

• Each parent's capacity and home environment
• The child's relationship with each parent and any siblings
• The child's views (as part of the wider assessment)
• The expert's professional recommendation on what custody and access arrangements would best serve the child's welfare

Section 47 reports carry substantial weight in court because they provide a professional, independent assessment of the family as a whole. They take longer to complete and are more expensive, so judges tend to reserve them for contested cases where the evidence is finely balanced.

What the Expert Looks For

Whether conducting a Section 32 or Section 47 assessment, the expert is trained to distinguish between a child's genuine views and coached responses. Red flags include:

• Parroting adult language: A nine-year-old who says "I feel my developmental needs are better served by living with Dad" is repeating something they were told, not expressing their own view
• Blanket rejection: A child who cannot identify a single positive thing about the other parent may be reflecting an alienation dynamic rather than genuine experience
• Sudden reversals: A child who previously had a good relationship with one parent and now expresses extreme hostility warrants careful assessment
• Age-inappropriate understanding: A child who describes complex legal or financial issues beyond their developmental level has likely been exposed to adult conflict

Conversely, views that carry weight are expressed in a child's own language, are consistent with their observed behaviour, and reflect concrete, experience-based reasoning ("I want to stay at Mum's house during the week because my school is nearby and I can walk with my friends").

Preparing for a Child's Views Assessment

If the court has ordered a Section 32 or Section 47 report, both parents should:

Do not coach your child. This cannot be emphasised strongly enough. Experts are trained to detect coached responses, and a parent who coaches undermines their own credibility. If the expert concludes your child's views are not genuine, the report works against you.

Maintain a stable routine. The assessment will evaluate the child's living situation, school performance, and emotional wellbeing. Stability and consistency during the assessment period demonstrate parental capacity.

Be cooperative with the expert. Both parents will typically be interviewed as part of the process. A parent who is hostile, uncooperative, or dismissive of the child's views signals to the expert (and therefore to the court) that they may struggle with shared decision-making.

Keep the child out of the conflict. Do not discuss the court case, the assessment, or the other parent's failings in front of the child. The expert will assess whether the child is being exposed to parental conflict, and exposure to conflict is one of the Section 31 harm factors that weighs heavily against the responsible parent.

Putting the Child's Voice Into Your Plan

Whether or not a formal assessment has been ordered, a parenting plan that demonstrates you have considered and incorporated your child's perspective is stronger than one that treats the child as a scheduling object. This means addressing the child's preferences about school, friendships, extracurricular activities, and their relationship with both parents — not just dividing calendar days.

The Ireland Child Custody & Parenting Plan Guide includes a Section 31 factors worksheet that helps you document how your proposed arrangements address each of the eleven statutory criteria, including the child's views. This structured approach ensures your plan demonstrates to any reviewing judge that you have systematically considered every factor the court is required to evaluate.

For more on the full best-interests framework, see our guide to best interest factors in Irish custody. If your child is a teenager with strong opinions, the teenager custody wishes guide covers how maturity and age affect the weight given to a child's preferences.

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