Written answers
Tuesday, 29 April 2025
Department of Justice and Equality
Family Law Cases
Duncan Smith (Dublin Fingal East, Labour)
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1544. To ask the Tánaiste and Minister for Justice and Equality if he will provide an update on the provision of promised reforms in relation to parental alienation as promised by the Minister in 2024, and based from a Department report in 2023 which cited the concept of parental alienation as highly controversial; and if he will make a statement on the matter. [19015/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As part of the Family Justice Strategy 2022-2025, my Department committed to undertake both a public consultation and independent research on the topic of parental alienation. The findings of both were analysed and, arising from this process, Departmental officials developed a policy paper on how to address the issue.
Both the paper and the report recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of accusations of parental alienation within the Irish courts, the research report found that, similar to other courts internationally, there appears to be increasing claims of parental alienation in family law proceedings. It appears to arise particularly in custody and access disputes and in cases where allegations of domestic, sexual and gender-based violence feature.
Despite the highly contested nature of the concept, there was consensus in the public consultation that the means to address parental alienation lie in improvements to the Irish family courts and family justice system. Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation, which are also linked to actions within the Family Justice Strategy.
They centre on progressing elements of family justice reform, building the system’s capacity to adequately hear the voice of children, and improve the knowledge, skills and experience of all those involved in order to make the best determinations in relation to each case on its own merits. This is especially important in high-conflict cases, in which allegations of parental alienation can often arise. Ensuring the voice of children is heard and their best interests given paramount consideration are not just critical aspects of family law, they are constitutional requirements.
On 13 June 2024, my Department published a wide-ranging review into the role of expert reports in the family law process, as committed to in the Family Justice Strategy 2022-2025. The Review sets out 20 ambitious recommendations for reform, the implementation of which will, amongst other things, promote consistency and common standards in hearing the voice of the child and safeguarding their best interests. They include:
- producing guidelines on the commissioning, content and use of expert reports;
- establishing a panel of assessors with a structure to oversee its management;
- establishing the role of Children’s Court Advocate, initially on a pilot basis, to assist children in having their voice heard in family law proceedings.
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. €3 million was allocated for reform of the process in Budget 2025 and part of that will go towards funding the pilot. The pilot will commence in 2025. A request for information relating to the commissioning of a service as part of the pilot was advertised on eTenders in March 2025. The Budget allocation will also permit Department officials to commence work on developing a scheme to fund expert reports from 2025.
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