New family law guidelines to govern expert reports
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New guidelines are to be introduced on the commissioning, content and use of expert reports in the family courts.
Justice minister Helen McEntee today published a wide-ranging review on the subject, which sets out 20 recommendations for reform, including the establishment of a panel of assessors to minimise the risk of “expert shopping”.
Work on the guidelines will commence in the second half of 2024, while preparatory work on establishing a panel of assessors is expected to commence in the first half of 2025.
Mrs McEntee said: “Ensuring the voice of children is heard and their best interests are given paramount consideration are not just important aspects of family law, they are constitutional requirements.
“Expert reports can be helpful in assisting judges in making difficult decisions which are often required in such cases.
“However, we recognise that there are issues with the commissioning and cost of these reports, as well as the availability and regulation of assessors. Our extensive consultations with stakeholders both through the development of the family justice strategy and for this review specifically have left us in no doubt that reform is needed.
“I welcome the meaningful and ambitious recommendations that have emerged from this review, 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.”
The review also recommends the provision of public funding for welfare reports, and in the short term, voice of the child reports, subject to engagement with the minister for public expenditure, NDP delivery and reform.
It also calls for the establishment of the role of children’s court advocate, initially on a pilot basis, to assist children in having their voice heard in family law proceedings, and an increase in pre-court family supports, including parenting when separated courses, parenting plans and mediation.
Mrs McEntee said: “Reforming our family justice system is a complex and long-term project which will deliver meaningful improvements for people who have to interact with the system at difficult moments in their personal lives.
“The nine goals and 50 actions of the family justice strategy, when implemented, will establish a strong foundation for further reforms of the system and complement the establishment and operation of the family courts.
“The publication today of this comprehensive review and the implementation of its recommendations will be a significant element of those wider reforms.
“Informed by research and stakeholder consultation, the review sets out recommendations that will deliver real, child-centred reform in the family courts system when implemented.
“Implementation of the recommendations will, understandably, take time but we have identified a clear sequence for progress, which will get underway as a priority.
“This will also be hugely beneficial to the implementation of the Family Courts Bill, which I intend to progress to committee stage in the coming weeks.”