Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of the Family Law System: Discussion

Dr. Conor O'Mahony:

It comes back to the strict application of the in camerarule because that concept of a McKenzie friend, the person who is not representing someone in court but is supporting them, is something that can happen in a normal civil proceeding. However, if the in camerarule is interpreted strictly, which we tend to do in family law cases in this country, then that person is not a party to the proceedings, nor are they a legal representative and therefore thein camerarule essentially kicks in.

I have encountered the situation described, where somebody had a person to accompany him or her who was asked to leave by the judge. That is the way the in camerarule is applied.