Section 47 report family law

Ms. Pingui

Does anyone know anything about these? Any info. would be great.

Little CuChulainn

Context needed but perhaps something to do with this

http://www.irishstatutebook.ie/eli/1991/act/17/section/47/enacted/en/html#sec47

patsypantaloni

It most commonly refers to s.47 of the Family Law Act 1995 where the Circuit Court or High Court can appoint a child psychologist or other expert to provide a report to the court eg if there is a dispute about custody or access. The main issue is who pays for the report, they can be very expensive

Link to the section:
http://www.irishstatutebook.ie/eli/1995/act/26/section/47/enacted/en/html

Hippo

^^^^^District court as well, esp in child care proceedings.

patsypantaloni

Hippo wrote: »

^^^^^District court as well, esp in child care proceedings.

The District Court has no power to direct a report under s.47 of the 1995 Act; if both parties agree to it then it can be done on consent but if there's a dispute, such as over the cost and who pays for it, the District Court is powerless. This is because the term "court" under the 1995 Act is defined as Circuit or High Court, but does not include the District Court. This was supposed to have been changed but the relevant legislation was never commenced. The District Court will have power to direct reports in custody/access disputes under the new Children and Family Relationships Act but that hasn't yet been commenced.

The power to direct reports in child care proceedings involving the Child and Family Agency/social workers arises under the 1991 Act and the District Court can direct reports in those cases.

Ms. Pingui

patsypantaloni wrote: »

It most commonly refers to s.47 of the Family Law Act 1995 where the Circuit Court or High Court can appoint a child psychologist or other expert to provide a report to the court eg if there is a dispute about custody or access. The main issue is who pays for the report, they can be very expensive

Link to the section:
http://www.irishstatutebook.ie/eli/1995/act/26/section/47/enacted/en/html

How much about?
What happens if one party genuinely cannot afford to pay their half?

patsypantaloni

Ms. Pingui wrote: »

How much about?
What happens if one party genuinely cannot afford to pay their half?

Depends on the nature of the case and the number of meetings involved/hours spent, but it can be over a thousand euro, more again if the expert has to come to court to give evidence. If one party genuinely can't afford it and the other party has plenty of money then it's possible the court would direct that person to cover the whole cost but the courts will generally want to see some contribution from each side, and if that's not possible and means are limited on both sides, the court might not direct the report be done at all

Ms. Pingui

patsypantaloni wrote: »

Depends on the nature of the case and the number of meetings involved/hours spent, but it can be over a thousand euro, more again if the expert has to come to court to give evidence. If one party genuinely can't afford it and the other party has plenty of money then it's possible the court would direct that person to cover the whole cost but the courts will generally want to see some contribution from each side, and if that's not possible and means are limited on both sides, the court might not direct the report be done at all

Wow that's pricey! One side is on the breadline and the other is well off. Just wondering if the poor side couldn't pay would it be seen as being awkward and the other side granted their way in court?

What do the reports actually do? See if people are lying or what? It's quite hard to find info. on them without legal jargon thrown into it.

patsypantaloni

Not neccessarily the case that one side's inability to pay would mean they are disadvantaged in the eyes of the court, but would be helpful to have an affidavit of means sworn setting out the current financial position just so the court understands the reality of the situation. It also might depend on who is seeking the s.47 report - if it's the party with means, that might also be relevant in deciding if they should cover the cost, but again it all depends on the judge on the day

In my experience, the person doing the report will arrange to meet with each side in the proceedings separately. Depending on the age of the child, they may also meet with the child, both separately and in the company of the parties (if appropriate). When meeting with the adults the person will discuss the issues in dispute and try to get a sense of where the real problem lies and an understanding of each side's position. The views and wishes of the child may also be sought, again depending on the age of the child and whether it's appropriate to have that conversation. Overall, this process may take several meetings to ensure all relevant info is gathered. The expert then puts together a report for the court detailing all of the meetings held, setting out both side's positions, the wishes of the child (if sought) and then makes recommendations based on their expertise of what should happen

justinmg1

OP, I have gone through such a report and have been forced to pay thousands. You should also be aware that when the report is released you do not get to see it. Although the Irish statute states that parties involved are to get a copy of it the courts are ordering that the report is only released to the parties legal teams and an only be advised of the
recommendations of the report. This is a major issue ongoing with family law solicitors

Ms. Pingui

justinmg1 wrote: »

OP, I have gone through such a report and have been forced to pay thousands. You should also be aware that when the report is released you do not get to see it. Although the Irish statute states that parties involved are to get a copy of it the courts are ordering that the report is only released to the parties legal teams and an only be advised of the
recommendations of the report. This is a major issue ongoing with family law solicitors

Oh great, more nonsense from the family courts! :rolleyes:

I literally have'nt the money for that, I'm barely putting food on the table as it is.