If you are going through a separation that involves children, the manner in which expert reports are handled in your case has just changed. New judicial guidelines launched last week by Minister for Justice Jim O’Callaghan and Chief Justice Donal O’Donnell introduce, a consistent framework for how these reports are commissioned, prepared and used in family law proceedings.
This follows the Review of the Role of Expert Reports in the Family Law Process, published in June 2024, which set out 20 recommendations for reform. The Government backed the review with €3 million in Budget 2025 funding.
Expert reports matter. The role of the assessor is to provide an independent objective and impartial opinion to the court in relation to the welfare of each child the subject of the assessment. The difficulty has never been with the reports themselves. It has been the lack of any consistent framework around how they are ordered, what they should cover, and how the expert engages with the parties and their solicitors.
The new guidelines, developed by a committee of judges (“the Committee”) chaired by Ms Justice Nuala Jackson, address this directly. They provide important, long‑awaited clarity on the commissioning, preparation and use of welfare and expert reports in Irish family law cases. Issued by a committee of experienced family law judges following extensive consultation, the Guidelines reaffirm that the child’s best interests are paramount, emphasise the independent and impartial role of experts, and set out clear expectations for courts, practitioners, experts and parties alike. They promote consistency, fairness and proportionality in the ordering and use of reports, place strong emphasis on hearing the voice of the child, and address practical issues such as scope of orders, expert fees, data protection, disclosure, and the circumstances in which experts should be called to give evidence.
The Committee has committed to reviewing the guidelines after 18 months, with further stakeholder input. That willingness to adapt is encouraging and reflects the reality that new frameworks may need some refinement once they meet the courtroom.
These are welcome and overdue reforms. While guidelines rather than binding law they will significantly influence best practice and decision‑making in private family law proceedings, with the ultimate aim of reducing delay, limiting conflict and achieving better outcomes for children and families
Niamh Walsh is Partner and Head of the Family Law Department at Gore & Grimes Solicitors LLP. For a confidential discussion, please contact niamh.walsh@goregrimes.ie or +353 1 872 9299.
