New judicial guidelines on expert reports in family law proceedings

The guidelines were drawn up by a committee chaired by High Court judge Ms Justice Nuala Jackson and including Judges Sinéad Ní Chúlacháin and Elizabeth Maguire of the Circuit Court and Judges John Campbell and Maire Conneely of the District Court.

Ms Justice Jackson was joined by Chief Justice Donal O’Donnell and the minister for justice, home affairs and migration, Jim O’Callaghan, at a launch event in the Four Courts today.

Mr O’Callaghan said: “Expert reports play an important role in family law proceedings. They assist the court in determining the child’s best interests by providing expert opinion on any question affecting the welfare of the child.

“I want to thank the Chief Justice for his proactive commitment to establishing a judicial committee to develop these guidelines, and the Honourable Ms Justice Nuala Jackson of the High Court for chairing the committee.

“I am confident that these guidelines will promote consistency and best practice in the use of expert reports in family law proceedings. They will support the judiciary in their decision making and ensure that children are at the centre of our efforts to improve outcomes for them and their families.”

The guidelines aim to expedite the preparation of reports especially by ensuring that the issue(s) to be addressed are focussed and clear; improve consistency in relation to the preparation and use of such reports and in relation to court orders relating to the commissioning and release of reports; and provide clarity for all stakeholders in the private family law sphere in respect of the role and use of such reports.

Speaking at the launch, Chief Justice O’Donnell said: “These judicial guidelines reflect the comprehensive work of a committee chaired by Ms Justice Nuala Jackson, informed by engagement with a wide range of stakeholders.

“I am grateful for the commitment and expertise of the committee in producing a practical framework that supports best practice in the commissioning and use of expert reports in family law proceedings.

“I hope that they will promote consistency and assist all those involved in such proceedings in ensuring that the welfare and best interests of the child remain paramount.”

The committee received contributions from relevant government departments and State agencies, regulatory bodies, representative organisations, NGOs and charities in the sector, as well as an academic institution and a range of interested individuals.

The guidelines were developed as a result of a recommendation from the 2024 review of the role of expert reports in the family law process.

Ms Justice Jackson said: “In the course of its work, the committee examined the legal principles applying, considered the procedural issues arising in the context of such reports and engaged with stakeholders through circulation of a questionnaire, direct interviews and a forum organised by the Department of Justice.”