I have noted the research published by Trinity College and Women’s Aid and I have asked my officials to review its contents. I welcome the report’s emphasis on the need to continue to implement the national Family Justice Strategy 2022-2025, the ambitious programme of reform developed by my Department which sets out a vision for a system refocused on the needs and rights of children, who are central to many family justice matters.
As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights. The actions within the strategy are aimed at ensuring the family justice system works better for all those engaged with it but particularly for those who need additional supports and protections, including domestic violence victims.
In line with the Family Justice Strategy, in October 2024, the Voice of the Child Working Group was established to take forward the recommendations of a wide-ranging review into the role of expert reports in the family law process. These include the development of the Children’s Court Advocate Pilot Project and the development of voice of the child report guidelines and templates.
That review also recommended the development of guidelines for the use of welfare reports in family law cases. These reports can be ordered by the Court on its own motion or following an application of one of the parties, on any question affecting a child’s welfare in guardianship, custody or access proceedings. In July 2024, the Chief Justice established a Judicial Committee to develop these guidelines and its work is ongoing.
The Family Justice Strategy also commits to establishing a Working Group to review existing training needs for those working within family justice and to develop effective and relevant training programmes. This Working Group was established in July 2024 and its work is continuing. The Judicial Council, which is independent under the Judicial Council Act, is responsible for all matters regarding training of the judiciary. I am aware, however, that the Judicial Studies Committee of the Judicial Council has held a Voice of the Child Conference which examined best practices for ensuring the authentic voice of the child is heard in family law hearings, and that its Law of Evidence Series addressed critical areas of evidence law, including evidence relating to children.
Ensuring transparency and promoting a greater understanding of the family law system is critical to maintaining and building trust in it. A key action under the Family Justice Strategy was to review the operation of the in-camera rule in family law proceedings. A research team led by UCC undertook the review, which was recently published on Gov.ie. The report contains 21 recommendations and officials within my Department are working to develop policy proposals by the end of 2025. In response to the in-camera rule research, I intend to establish a Private Family Law Reporting Project. Department officials are currently developing a tender for the establishment of the Project and I expect it to go to market soon.
There is no comprehensive system in Ireland for regularly and systematically reporting on private family law proceedings. The overall aim of the Project is to provide transparency for the public while ensuring that children’s and parents’ right to privacy is upheld. It will serve to increase awareness and understanding of family law proceedings, while building confidence and trust in the judicial determination of family law disputes.
The Family Courts Act 2024, which was passed by the Oireachtas in November 2024, is a key component of the Family Justice Strategy. The legislation provides for the establishment of family court divisions within the existing court structures, a Family High Court, a Family Circuit Court, and a Family District Court. Judges who have specialist training or experience in dealing with family law matters will be assigned to the Family Courts divisions on a full-time basis.
Importantly, the Act contains a set of guiding principles for the family court system, including making the best interests of the child a primary consideration in the conduct of all family law proceedings and ensuring the safety of parties to proceedings, protecting victims and survivors of domestic violence.
As committed to in the Programme for Government, I intend to publish an implementation plan for a new Family Court System by the end of January 2026. To inform the development of the plan, my officials have recently concluded a series of initial stakeholder engagements including an interactive workshop at the recent Family Justice Development Forum, which provided an opportunity to gain further insight into the perspectives of a broad range of family justice stakeholders.
