A cohort of guardians ad litem – independent advocates for children in care law cases – have initiated a High Court challenge to a new Government regime aimed at regulating the advocates’ services. The challenge came before the court on the same day the Department of Children announced the establishment of the national guardian ad litem service, following the enactment of amendments to existing childcare laws. Guardians represent the views and interests of vulnerable children in complex court cases. Under the new scheme the Minister for Children can appoint guardians to represent children in care proceedings, and provide or arrange for the guardian’s legal representation in such cases. The Minister can also replace a previously appointed guardian. Previously, guardians were appointed by the courts. The National Association of Guardians Ad Litem of Ireland, which represents 96 per cent of the profession, is bringing a constitutional challenge to the amendments establishing the national service. The association seeks court declarations that the amendments establishing the national service are unconstitutional. It is the association’s case that the scheme compromises the independence of guardians and infringes on the constitutional rights of vulnerable children subject to care proceedings. On Tuesday barrister Michael Cush, appearing for the guardians association, asked Judge Mary Rose Gearty for permission to serve a preliminary motion in the action on the Minister for Children. Cush, appearing with barristers Alan Brady and Nóra Ní Loinsigh, instructed by KOD Lyons solicitors, said the core contention of their case was that the new regime compromises the independence of guardians. The judge granted Cush permission to serve the preliminary motion, which seeks certain orders relating to case management. According to the Government, 65 full-time guardians will be recruited under the new national guardian service.