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Judges aim to clarify experts’ family-law role

New judicial guidelines on the role of expert reports in family-law proceedings have been launched today (16 April).

The guidance, produced by a committee of judges appointed by Chief Justice Donal O’Donnell, covers the commissioning, preparation, content, and usage of such reports.

The guidelines aim to:

• Speed up the preparation of reports especially by ensuring that the issue(s) to be addressed are focused and clear,
• Improve consistency in relation to the preparation and use of such reports and in relation to court orders on the commissioning and release of reports,
• Provide clarity on the role and use of such report for all stakeholders in the private family-law area.

They address issues that include:

• The role of the expert in private family-law proceedings,
• Guidance on when a report should be ordered,
• Contents of the order,
• Appointing and instructing an expert – including the duties of the parties and legal representatives, the court, and the expert,
• Communication between the expert, parties and their legal representatives, and third parties,
• The process of compiling and submitting a report,
• Release of the report to the parties by the court,
• When an expert should be called as a witness,
• Complaints mechanism,
• Sharing reports with parties, children, or third parties, and
• Data-protection (GDPR) issues.

‘Impartial opinion’

The guidelines stress that the role of the appointed expert is to provide an independent, objective, and impartial opinion to the court in relation to the welfare of each child that is the subject of the assessment.

They emphasise that the expert’s role is not to be a fact-finder, decision-maker, or advocate for any party.

“If the expert becomes aware of any conflict of interest arising, they should notify the court of this at the earliest possible opportunity,” the guidelines also state.

‘Practical framework’

Ms Justice Nuala Jackson, who chaired the committee, said that it 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.

The chief justice described the guidelines as “a practical framework” that supported 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,” he added.

Best practice

Minister for Justice Jim O’Callaghan, who attended the launch event at the Four Courts, said that he was confident that the guidelines would 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,” he stated.

The guidelines were developed as a result of a recommendation from the Review of the Role of Expert Reports in the Family Law Process published in June 2024.