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Views of a child for whom an order is sought
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27. (1) In civil proceedings under this Act, other than proceedings for the making of an interim barring order, an emergency barring order or a protection order, where an order is sought on behalf of a child, the court may, having regard to the age and maturity of that child, ascertain the views of the child prior to deciding whether or not to make the order in so far as that order relates to that child.
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(2) The court may, by order, appoint an expert to ascertain and convey the views of a child where the court considers that appointment to be necessary for the purpose of subsection (1).
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(3) Without prejudice to the generality of subsection (2), the court shall, in deciding whether to make an order under that subsection in relation to a child, have regard in particular to the following:
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(a) the age and maturity of the child;
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(b) any previous report made under this section in respect of the child;
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(c) whether the making of the order will assist the expression by the child of his or her views in the proceedings;
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(d) the best interests of the child.
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(4) An expert appointed under subsection (2) shall—
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(a) ascertain the maturity of the child,
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(b) where so requested by the court, determine whether or not the child is capable of forming his or her own views on the matters which are the subject of the proceedings and report to the court on that determination, and
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(c) where not so requested by the court under paragraph (b), or where so requested and the expert determines that the child is capable of forming his or her own views on the matters which are the subject of the proceedings—
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(i) ascertain the views of the child either generally on those matters or on a specific question on which the court requests the child’s views, and
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(ii) furnish a report to the court setting out the views of the child ascertained under subparagraph (i).
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(5) The court may call an expert appointed under subsection (2) as a witness in the proceedings.
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(6) Regulations made by the Minister in consultation with the Minister for Children and Youth Affairs under subsection (10) of section 32 of the Act of 1964 shall, in so far as those regulations apply to an expert appointed under subsection (1)(b) of that section, apply to an expert appointed under subsection (2).
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(7) The fees and expenses of an expert appointed under subsection (2) shall be paid by such party to the proceedings, or by such parties to the proceedings and in such proportions, as the court may specify.
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(8) Where the court has under this section by order appointed an expert, nothing in this section shall prevent the court from making a further order appointing the same or a different expert to perform the function of ascertaining the views of the child concerned.
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