Progress made on reforms to expert reports in family courts

Progress made on reforms to expert reports in family courts

“Significant progress” has been made in implementing the recommendations of a landmark review of the role of experts in the family courts, the Department of Justice has said.

The review, published in June 2024, examined the commissioning, availability, content, and use of these reports, which may be ordered by the court on any aspect of the child’s welfare (welfare reports) or on their views and wishes (‘voice of the child’ reports).

The review set out 20 recommendations for reform and some €3 million has been allocated in Budget 2025 for implementation.

Justice minister Helen 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.

“When done right, they help ensure that the voice of each child impacted by family break ups can be heard and their needs safeguarded within the justice system.

“I am proud to have secured this funding for a programme of work to improve the quality of expert reports and to standardise practises relating to how they are commissioned and by whom, as committed to in the Family Justice Strategy.

“Funding is also being made available for a Children’s Court Advocate pilot project to support children and assisting them in having their voice heard in family law proceedings.”

The Chief Justice has established a judicial committee to develop guidelines on the commissioning, content and use of welfare reports, chaired by Ms Justice Nuala Jackson of the High Court, who is also a member of the Family Justice Implementation Group.

The committee was engaged in targeted consultation with relevant stakeholders in the family justice system, which was due to conclude yesterday, after which the committee will consider the responses received. The committee is expected to complete its work in the first quarter of 2025.

A ‘voice of the child’ working group has been established and will meet for the first time next Wednesday 16 October to begin its work.

This group’s work will include examining the effectiveness of the current arrangements for hearing the voice of the child in private family law cases and alternative dispute resolution (ADR) processes, if appropriate. The group will also develop aspects of the Children’s Court Advocate pilot project.

Mrs McEntee added: “The budget allocation will also permit my officials to commence work on developing a scheme to fund expert reports from 2025.

“We know that the costs of these reports can be a barrier for some families and present a challenge for the system to vindicate children’s rights.

“In developing such a scheme, consideration will be given to examine how to distribute the funding so it impacts those families who most need it.

“The implementation of these actions, alongside the other elements of my family justice reforms, are critical to ensuring we have a family justice system which is more responsive, more consistent, and which places children at its heart.”

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