Minister Jim O’Callaghan and Chief Justice Donal O’Donnell welcome publication of Judicial Guidelines on Expert Reports in Family Law
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16 April 2026
The Minister for Justice, Home Affairs and Migration, Jim O’Callaghan has today (Thursday) welcomed the publication of Judicial Guidelines on the Commissioning, Preparation, Content and Usage of Expert Reports in Family Law Proceedings.
Development of the guidelines was a key recommendation of the Review of the Role of Expert Reports in the Family Law Process, which was published in June 2024. A cross-jurisdictional committee of Judges chaired by Ms Justice Nuala Jackson was established to prepare the guidelines.
Minister 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.
“The Review of the Role of Expert Reports in the Family Law Process noted the many benefits of appointing an expert. This includes their ability to investigate, the likelihood of shorter proceedings and early agreements between parties.
“However, the Review also found that there is inconsistency in the current report process and recommended the production of guidelines on the commissioning, content and use of expert reports in the family law process.
“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 work to greatly improve outcomes for them and their families.”
Welcoming the Report, Chief Justice Donal 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 Judicial Guidelines on the Commissioning, Preparation, Content and Usage of Expert Reports in Family Law Proceedings can be accessed at the following link: Courts.ie - Judicial Guidelines on the Commissioning Preparation Content & Usage of Expert Reports in Family Law Proceedings 2026
ENDS…///
Notes for Editors:
Background
The Programme for Government commits to ensuring proper regulation and funding for Voice of the Child and Welfare Reports, giving children a voice in legal proceedings that affect them.
A wide-ranging review into the role of expert reports in the family law process was published in June 2024 as recommended in the Parental Alienation Policy Paper and as committed to in the Family Justice Strategy 2022-2025. Since publication, there has been significant progress in implementing its 20 ambitious recommendations for reform. (Full Report available here)
In October 2024, the Department of Justice, Home Affairs and Migration established a Voice of the Child Working Group with membership comprising both statutory and voluntary stakeholders in the family justice system. The group was set up in line with the commitment in Goal One of the Family Justice Strategy, that of “supporting children”. The group is taking forward some of the recommendations in the Review of Expert Reports, including the development of a Children’s Court Advocate Pilot Project and the development of a Voice of the Child Report Template and Guidelines.
The envisaged role of a Children’s Court Advocate is to support children in their journey through private family law proceedings, providing information and ensuring their voice is heard. The Children’s Court Advocate Pilot is expected to commence later this year.
The aim of the Voice of the Child Report Template and Guidelines is to ensure consistency of approach by experts in supporting children to have their voices heard. The Working Group has made significant progress on drafting the template and guidelines and they are expected to be published in the coming months.
Once fully implemented, the recommendations in the Review of Expert Reports will improve the quality of expert reports in family law proceedings, standardising their commissioning, preparation and content.
Judicial Guidelines on the Commissioning, Preparation, Content and Usage of Expert Reports in Family Law Proceedings
The Guidelines address the following issues:
The Role of the Expert in Private Family Law Proceedings including general duties of experts.
Guidance on When a Report Should be Ordered.
Contents of the Order.
Appointing and Instructing an Expert, including:
- Pre Appointment Duties of the Parties and Their Legal Representatives,
- Pre Appointment Duties of the Expert,
- Duties of the Court in Appointing an Expert,
- Duties of the Expert Prior to Commencing the Assessment, and
- Payment of the Expert’s Fees.
Communication including:
- Communication Between the Expert and the Parties and Their Legal Representatives, and
- Communication Between the Expert and Third Parties.
The Process of Compiling and Submitting a Report, including:
- Compiling a Report,
- Contents of the Expert Report,
- Interim Report,
- General Duties of the Parties,
- Frustration of the Assessment Process, and
- Submitting a Report to the Court.
Release of the Report to the Parties by the Court
- Guidance on When an Expert Should be Called as a Witness, including:
- The Report as Evidence – Admissibility,
- What is an Expert Witness?
- Calling an Expert as a Witness, and
- Expert Witness Attendance Costs.
The Complaints Mechanism, including:
- Types of Complaints, and
- Complaints and the Privacy/Non-Disclosure (In Camera) Rule – Section 40 Civil Liability Courts Act, 2004.
Sharing Reports with the Parties and/or the Children and/or Third Parties (Disclosure of Reports) including releasing of reports outside of the proceedings.
Data Protection (GDPR).
The final section includes an overall review of the guidelines.