Operation of in-camera rule in family law system to be examined
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Legal and social experts are set to examine the operation of the in-camera rule in Ireland’s family law system as part of a major new research project.
The in-camera, or privacy rule, operates to protect the identity and privacy of the parties and any children to whom the proceedings relate.
But the researchers leading this new study say its operation has been a source of much debate, and that while there appears to be a general understanding of how it operates, the actual nature and scope of the rules application is unclear.
Now, legal and social experts in University College Cork (UCC) and Trinity College Dublin (TCD) plan to examine the operation of the in-camera rule in the context of family law, to discover how it works in practice in Ireland and how it is experienced by those who encounter it and work within the courts.
It is one of the first studies to examine the practical operation of the in-camera rule in Irish family law proceedings.
The independent study is being conducted by Aisling Parkes from UCC’s School of Law, Kenneth Burns from UCC’s School of Applied Social Studies, and Simone McCaughren, TCD School of Social Work and Social Policy.
It has been commissioned by the Department of Justice and is an action in the Family Justice Strategy 2022-2025.
They said they hope it will provide a 360-degree view of how various stakeholders including parents, social and legal professionals, judges, researchers, journalists and media, experience the perceived limitations and strengths of the in-camera rule.
The first phase of the study will involve a nationwide survey of parents who have been involved with the Irish family law system.
The fully anonymous online survey, which will be live until mid August, aims to capture the unique perspectives of those family members with direct experiences of the family law courts in Ireland.
It can be accessed online, with further phases of the study involving engagement with other professional stakeholders.
Research project lead, Ms Parkes, senior lecturer in law, said the research is timely given the current focus on reform within the Irish family justice system.
“For decades now, there has been much confusion concerning the operation of the in-camera rule amongst not just families but also amongst the various professions who engage with the family law system on a daily basis,” she said.
“The perceived limits imposed by this rule has had significant implications for research in the area of family law which has limited potential recommendations for reform.”
Ms McCaughren, assistant professor in the TCD School of Social Work and Social Policy, said the findings have the potential to have a significant impact on future family law reform.