Dáil Éireann Debate, Tuesday - 12 May 2026
830. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No’s. 421 and 422 of 7 October 2025, the status of the six recommendations to address the issues linked to actions within the Family Justice Strategy; the status of recommendations with the Parental Alienation Research Report and Policy Paper, in tabular form; and if he will make a statement on the matter. [34525/26]
View answerMy Department committed to undertake both a public consultation and independent research on the topic of parental alienation. The findings of both were analysed and, arising from this, Departmental officials developed a policy paper on how to address the issue.
Both the paper and the report recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of accusations of parental alienation within the Irish courts, the research report found that, similar to other courts internationally, there appears to be increasing claims of parental alienation in family law proceedings. It appears to arise particularly in custody and access disputes and in cases where allegations of domestic, sexual and gender-based violence feature.
Despite the highly contested nature of the concept, there was consensus in the public consultation that the means to address parental alienation lie in improvements to the Irish family courts and family justice system. Reflecting on this, the policy paper puts forward six recommendations to address the issue of parental alienation, which are also linked to actions within the Family Justice Strategy. They centre on progressing elements of family justice reform, building the system’s capacity to adequately hear the voice of children, and improve the knowledge, skills and experience of all those involved in order to make the best determinations in relation to each case on its own merits. This is especially important in high-conflict cases, in which allegations of parental alienation can often arise.
The current status of the recommendations in the Parental Alienation Policy Paper can be found in the table below.
|
Recommendation |
Status |
|
Recommendation 1: Give priority to children’s voices being heard and considered by the court and support them in their journey through the system. |
In October 2024, my Department established a Voice of the Child Working Group with membership comprising both statutory and voluntary stakeholders in the family justice system. The group was set up in line with the commitment in Goal One of the Family Justice Strategy, that of “supporting children”. The group is taking forward some of the recommendations in the Review of Expert Reports, including the development of a Voice of the Child report template and guidelines and the development of the Children’s Court Advocate Pilot Project. The aim of the Voice of the Child Report Template and Guidelines is to ensure consistency of approach by experts in supporting children to have their voices heard. The Working Group has made significant progress on drafting the template and guidelines and they are now at design stage. The guidelines are expected to be published in the coming months. The Children’s Court Advocate Pilot Project will be established in two locations, Waterford and Clonmel in the coming months. The pilot will test a new way of hearing the voice of children in private family law cases and will provide regulation of assessors and consistency of practice. It will be a free service for children and their families. Running alongside the Pilot Project will be a comprehensive evaluation to assess its effectiveness in achieving its aim of improving how the voice of the child is heard and considered in private family law proceedings. |
|
Recommendation 2: Examine how these reports are conducted, what they contain and how assessors are appointed. Provide additional training for those tasked with compiling assessments, particularly in relation to the dynamics of family breakdown.
|
On 13 June 2024, a wide-ranging review into the role of expert reports in the family law process was published. The Review sets out 20 ambitious recommendations for reform, the implementation of which will, amongst other things, promote consistency and common standards in hearing the voice of the child and safeguarding their best interests. On 16 April 2026 Judicial Guidelines on the Commissioning, Preparation, Content and Usage of Expert Reports in Family Law Proceedings were published. A cross-jurisdictional committee of Judges chaired by Ms Justice Nuala Jackson prepared the guidelines. These guidelines are intended to promote consistency and best practice in the use of welfare reports in private family law proceedings in Ireland. They clarify the role and duties of an expert, the process of compiling a report and what a report should contain, releasing reports to the parties and the complaints mechanism, among other things. Officials in my Department are currently undertaking a preliminary scoping exercise to also progressing work on on cost controls and establishing a panel of family law assessors. The panel will address a number of issues identified in the Review of the Role of Expert Reports in the Family Law Process (https://assets.gov.ie/static/documents/review-of-the-role-of-expert-reports-in-the-family-law-process.pdf), including lack of regulation of experts and lack of adequate training or accreditation. Once fully implemented, the recommendations in the Review of Expert Reports will improve the quality of expert reports in family law proceedings, standardising practises relating to how they are developed in situations where they are required. |
|
Recommendation 3: Review assessment tools currently available to the courts, with a view to making recommendations to improve them, as well as identifying how to assist judges in considering issues on a case-by-case basis. |
In addition to the foregoing actions, as part of the Family Courts Act 2024, dedicated judges will be listed for family law cases. This will be an important element of reform to provide enhanced skills and greater space for consideration of issues on a case-by-case basis. An implementation plan for the Act was published on 22 April 2026 and engagement with the Judicial Studies Committee of the Judicial Council will be required as part of the implementation process. |
|
Recommendation 4: Support and extend family support services, including ADR, and make them more accessible.
|
A directory of services, initially for the Dublin area, has been developed by the Department in collaboration with CYPSC: https://dublincypschub.ie/family-justice/ The directory will assist parents in finding relevant information and support for family justice related matters. Work on increasing awareness and promotion of ADR among professionals, families and service users is ongoing. In particular, the Courts Service family law information hub provides detailed information for court users on many aspects of family law proceedings, as well as signposting people to services including mediation. The Legal Aid Board has also initiated a call back service for its Family Mediation Service. In delivering another action in the Family Justice Strategy, the Legal Aid Board has established a panel of private mediators to supplement its in-house family mediators to deliver an expanded service across the country. |
|
Recommendation 5: Improve the training and awareness amongst legal professionals and others involved in high-conflict proceedings to increase their understanding of concepts and descriptors associated with behaviours of parents and children in these situations.
|
The Family Justice Training Working Group was established in July 2024. The Working Group comprises membership from key government departments, state agencies and legal professional bodies, including the Judicial Council. The Group has developed a paper examining the minimum standards and proposing a recommended training approach. The paper was recently presented to stakeholders at the Family Justice Development Forum in January. The paper lays out an approach for the development of training for professionals working in family justice and work on implementing the approach is ongoing. |
|
Recommendation 6: Actions should be implemented with regards to establishing, and in some areas improving, data collection on family justice issues. |
The Department is currently undertaking an in-depth data mapping exercise and a policy paper will be developed with recommendations on how family justice data collection can be improved. A tender process for a Family Law Reporting Project closed on 15 September 2025 and the Child Law Project, led by Dr. Carol Coulter, has been commissioned to deliver the Private Family Law Reporting Project. The Project will be delivered over three years and is expected to attend a representative sample of cases across different jurisdictions and geographical areas, reflecting the breadth of family law cases, jurisdictional issues, and urban and rural areas. The overall aim of the Project is to enhance transparency both for the public about family law proceedings and confidence in the judicial determination of family law disputes, while continuing to ensure the privacy of those proceedings for children and families. The systematic reports on aspects of family law cases that the Project will produce and publish will further public understanding and awareness of, and confidence in, the judicial determination of family law disputes. It is expected that the project will run for three years. |
