With the new reform, the Children's Advocate has more power in the system.

On paper, the role of the Children's Advocate is wider under the 2026 regulations than under the rules they replaced. The Advocate has more defined duties, new tools within proceedings and, once a case reaches court, a guaranteed place in it. Several of the new provisions are not yet in force, though, and in one respect the Advocate's discretion has narrowed.

What the Children's Advocate could do before

Under the former Civil Court (Family Section) Regulations, S.L. 12.20, children's advocates were a panel of private lawyers appointed by the Minister. The court could appoint one during mediation "where the Court deems it expedient", and once a case was filed "where in its opinion this is required in the interests of any minor children". Their listed functions were to give minors legal assistance and advice, act in their best interests, put their views to the court, explain the possible consequences of their wishes and give them relevant information. It was the Children's Advocate who judged whether a child had enough understanding and maturity to be given those explanations.

What the 2026 regulations add

The Family Court Proceedings Regulations, 2026 (S.L. 12.35), in force from 1 October 2026, change the role in several ways:

• A defined legal role. Regulation 15 makes the Advocate's principal function to act as the child's guardian ad litem, and adds two duties to the old list: assisting the child during mediation and court sittings, and making submissions to the court on the measures the Advocate considers to be in the child's best interests.
• A guaranteed place once a case reaches court. Under regulation 47(2), once a case is filed and the written stage is over, the court "shall proceed to appoint or confirm the appointment" of a Children's Advocate for the minor children. Under the old rules this depended on the court's opinion that one was needed.
• Sessions with the child. Regulation 16(3) lets the Advocate hold sessions with the child alone, and with the parties where needed, to prepare submissions to the court.
• Power to ask for an expert. The Advocate can ask the court to appoint a support person as a court expert to assess the child, the parents or anyone whose conduct affects the child (regulations 16(4), 19(3) and 47(6)).
• No means test. The merits and means test that normally governs legal aid does not apply to the appointment (regulation 16(2)).
• A new home. Children's Advocates are now defined as advocates forming part of the Legal Aid Agency (regulation 2), rather than a ministerial panel paid through the court registry.

Some of it is not yet in force

Legal Notice 219 of 2026 brought most of the regulations into force on 1 October 2026, but not all. Left out are regulation 19(2), which lets the court appoint a Children's Advocate during mediation specifically as guardian ad litem; regulation 19(4), on how appointments are passed to the Legal Aid Agency; regulation 47(5), which obliges the Advocate to keep following the case and attend sittings; and regulation 42 "insofar as it refers to the capacity of guardian ad litem". Appointment during mediation still exists under regulation 16(1), at the court's discretion.

One change runs the other way

Under the old rules, the Children's Advocate decided whether a child was mature enough to receive explanations and information. Under regulation 15 of the new rules, the child must be "considered by the Family Court to possess sufficient understanding and maturity". That decision has moved from the Advocate to the judge. More broadly, the Advocate makes submissions and requests; the court still decides.

Evaluation

What was said holds. Measured by duties, tools and how reliably an Advocate is appointed, the Children's Advocate has a stronger place in family proceedings under the 2026 regulations than before.

The detail is less complete. Part of the new framework is not yet in force, including the guardian ad litem appointment during mediation and the duty to follow the case to the end, and that on the question of a child's maturity the Advocate has lost a discretion to the court. "More power" here means a larger and better-defined role, not a power to decide.