Dáil Éireann Debate, Tuesday - 16 June 2026
657. Deputy Paul Lawless asked the Minister for Justice, Home Affairs and Migration if he is aware of concerns regarding the potential misuse of interim protection orders within the Family Law Court system in the context of high-conflict parental disputes; and if he will make a statement on the matter. [45209/26]
Amharc ar fhreagra658. Deputy Paul Lawless asked the Minister for Justice, Home Affairs and Migration the legal threshold and evidential basis required for the granting of an interim protection order in the Family Law Courts; the safeguards in place to ensure such orders are proportionate and necessary; and if he will make a statement on the matter. [45211/26]
Amharc ar fhreagra659. Deputy Paul Lawless asked the Minister for Justice, Home Affairs and Migration whether consideration has been given to introducing consequences or deterrents in cases where the Family Law Court process is found to have been knowingly misused, including through the making of false or misleading allegations; and if he will make a statement on the matter. [45213/26]
Amharc ar fhreagra660. Deputy Paul Lawless asked the Minister for Justice, Home Affairs and Migration the measures in place within the Family Law Court system to ensure that children are protected from the potential negative effects of prolonged or high-conflict parental disputes; and if he will make a statement on the matter. [45214/26]
Amharc ar fhreagra661. Deputy Paul Lawless asked the Minister for Justice, Home Affairs and Migration whether his Department is considering any review of the operation of interim protection orders or broader Family Law Court procedures to ensure an appropriate balance between safeguarding individuals and protecting parental relationships where safe to do so; and if he will make a statement on the matter. [45215/26]
Amharc ar fhreagraI propose to take Questions Nos. 657, 658, 659, 660 and 661 together.
The determination of individual applications is a matter for the courts, which are independent in the exercise of their judicial functions and subject only to the Constitution and the law. My Department keeps all relevant legislation under review to ensure that it is achieving its intended purpose.
As provided for in section 10 of the Domestic Violence Act 2018, a protection order may be made on an application for a safety order or a barring order, or between the making of that application and its determination, where the court is satisfied that there are reasonable grounds for believing that the safety or welfare of the applicant or a dependent person so requires. The assessment of the Court is based on the evidence presented. Where a protection order is sought ex-parte, the application must be grounded on an affidavit or information sworn by the applicant. The Act also contains safeguards to ensure that such orders are proportionate and necessary. A protection order may only be made where the statutory threshold is met, may be made subject to such exceptions and conditions as the court specifies, and is of limited duration pending the determination of the substantive application for a safety order or barring order. The Act also provides for variation of a protection order, where appropriate.
I believe the legislation allows for the rights of all parties to be considered and for the Courts to make an appropriate decision in the circumstances of each individual case.
In relation to measures in place within the Family Law Court system to ensure that children are protected, my Department is fully committed to reforming the family justice system in Ireland through implementation of the Family Justice Strategy 2022-2025. This is an ambitious programme of reform which sets out a vision for a system refocused on the needs and rights of children, who are central to many family justice matters. Many key actions have been completed and a final report on the implementation of strategy is in development.
The Family Courts Act 2024 is a key component of my Department's Family Justice Strategy and contains a number of provisions designed to make the family court process more focused on the needs of children, safer and less costly. On 22 April 2026, I published the Implementation Plan for the Family Courts Act 2024 that will result in some of the most significant reforms of the family justice system in the history of the state. The Act provides for the establishment of family courts as divisions within the existing court structures, namely a Family High Court, a Family Circuit Court and a Family District Court, each dealing with family law matters as appropriate to its jurisdiction. Judges who have specialist training or experience in dealing with family law matters will be assigned to the Family Court divisions on a full-time basis, providing for improved levels of judicial expertise in family law matters as well as the streamlining of proceedings. The Act also provides for ongoing professional training in the area of family law.
The Act includes a set of guiding principles for the family court system which the courts, legal practitioners and parties to family law proceedings will be required to have regard to. The principles include, but are not limited to:
- Ensuring that the best interests of the child are a primary consideration in the conduct of the proceedings where the welfare of a child is involved or likely to be affected; the child is informed in an age-appropriate manner about the proceedings; and the views of the child are ascertained and taken into account having regard to the age and maturity of the child.
- Minimising risk to the safety of any party to family law proceedings, including of a child to whom the proceedings relate, in cases where this is a concern.
- Conducting proceedings in a manner which is user-friendly, accessible, efficient and minimises conflict between the parties as far as possible.
- Encouraging and facilitating the use of alternative dispute resolution methods, such as mediation, to resolve family law disputes without recourse to the courts, in so far as is possible and appropriate.
- Operating in an efficient manner which is likely to minimise the cost of the proceedings and encouraging active case management by the courts.
In line with these guiding principles, key changes being introduced by the Act will include an applicant or respondent being restricted from personally cross-examining a child unless the Court considers it in the interests of justice to do so. The Act also puts in place safeguards for the personal cross-examination of the other party by an applicant or respondent, making the examination subject to the court’s direction. Instead, provision is made for a legal representative to conduct the cross-examination, and legal aid can be provided.
Primary legislation already provides for consequences where false evidence is knowingly given in court proceedings. Under the Criminal Justice (Perjury and Related Offences) Act 2021, it is an offence to make, on oath or affidavit, a statement that is false and known to be false for the purpose of judicial proceedings. More generally, it is a matter for the court concerned to assess the credibility and reliability of the evidence before it in any individual case. Any proposal for additional measures in this area would require careful consideration so as to avoid unintended consequences, including any deterrent effect on persons who may have a legitimate need to seek the protection of the courts.
