Minister for Justice Home Affairs and Migration Jim O’Callaghan, Chief Justice Donal O’Donnell and The Hon. Ms Justice Nuala Jackson today launched new Judicial Guidelines on the commissioning, preparation, content and usage of expert reports in Family Law proceedings. At the launch in the Four Courts, Minister O’Callaghan commented,
“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;
- Provide clarity for all stakeholders in the private family law sphere in respect of the role and use of such reports.
A Committee of Judges appointed by Chief Justice Donal O’Donnell produced these guidelines in consultation with those involved in Family Law. Speaking at the launch Chief Justice Donal O’Donnell noted;
“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, Non-Government Organisations 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 Review of the Role of Expert Reports in the Family Law Process published in June 2024, by the then Minister for Justice.
Speaking at the launch Judge Jackson, the Committee Chairperson explained
“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.”
The Guidelines address the following issues:
1. The Role of the Expert in Private Family Law Proceedings including general duties of experts
2. Guidance on When a Report Should be Ordered
3. Contents of the Order
4. 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.
5. Communication, including:
- Communication Between the Expert and the Parties and Their Legal Representatives, and
- Communication Between the Expert and Third Parties.
6. 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.
7. Release of the Report to the Parties by the Court
8. 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.
9. The Complaints Mechanism, including:
- Types of Complaints, and
- Complaints and the Privacy/Non-Disclosure (In Camera) Rule – Section 40 Civil Liability Courts Act, 2004.
10. Sharing Reports with the Parties and/or the Children and/or Third Parties (Disclosure of Reports) including releasing of reports outside of the proceedings
11. Data Protection (GDPR)
The final section includes an overall review of the guidelines.
The Committee members include: The Hon. Ms. Justice Nuala Jackson, High Court (Chair); Her Honour Judge Sinéad Ní Chúlacháin, Circuit Court; Her Honour Judge Elizabeth Maguire, Circuit Court; Judge John Campbell (District Court); Judge Maire Conneely, District Court.
The Guidelines can be accessed by clicking on the following link: Judicial Guidelines On The Commissioning Preparation Content & Usage Of Expert Reports In Family Law Proceedings 2026
