Access orders allowing separated parents access rights to their children may not be enforceable in EU states outside Ireland, according to a child law expert.
Since 2005 all access orders handed down in an EU member state are directly recognised and enforceable in another member state. However, for the order to be enforceable, the child at the centre of the proceedings should be given an opportunity to be heard in court.
The Government has yet to introduce a key provision of Children's Act (1997) that would allow for children to be represented individually in court through a guardian ad litem system.
At a family law conference at the weekend, solicitor Geoffrey Shannon said the issue had implications for Ireland, given the increasing mobility of Irish families within the EU.
"This means an Irish access decision would only be recognised and enforced in Germany, for example, if the Irish judge held a hearing with the child in person."
