Written answers
Thursday, 9 October 2025
Department of Justice and Equality
Family Law Cases
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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277. To ask the Tánaiste and Minister for Justice and Equality the steps that have been taken to address the lack of a legal definition of parental alienation which has caused confusion and inconsistencies in terms of cases before family courts, given reports that different department and bodies’ deal with it differently; and if he will make a statement on the matter. [54510/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy will be aware, my Department committed to undertake both a public consultation and independent research on the topic of parental alienation. The Department of Justice commissioned research into the area in 2021 and the open consultation on Parental Alienation was then held in May 2022. The findings of both were analysed and, arising from this, Departmental officials developed a policy paper on how to address the issue. This policy paper along with the independent research paper and consultations submissions were subsequently published on gov.ie.
Both the policy paper and the research 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.
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 consensus, the policy paper put 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. These recommendations, and the plans for implementation were accepted by Government and are currently being progressed by my Department and the Family Justice Implementation Group.
The current status of the recommendations contained in the Parental Alienation Policy Paper is provided below.
| Recommendation | Status |
|---|---|
| Recommendation 1: Give priority to children’s voices being heard and considered by the court and support them in their journey through the system. | In October 2024, my Department established a Voice of the Child Working Group with membership comprising both statutory and voluntary stakeholders in the family justice system. The group is taking forward some of the recommendations in the Review of Expert Reports, including the development of the Children’s Court Advocate Pilot Project and the development of a Voice of the Child report template and guidelines. As part of its work, the Voice of the Child Working Group recently commissioned a consultation with children and young people to inform the development of the pilot and the report template and guidelines. 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 to implement some of the recommendations of the Review in Budget 2025 and part of that will go towards funding the pilot. A request for tender to commission a service to run the pilot concluded on 15 September 2025. Subject to the completion of the procurement process, the pilot is expected to be established by the end of the year. |
| Recommendation 2: Examine how these reports are conducted, what they contain and how assessors are appointed. Provide additional training for those tasked with compiling assessments, particularly in relation to the dynamics of family breakdown. | On 13 June 2024, a wide-ranging review into the role of expert reports in the family law process was published. 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. The Chief Justice has established a Judicial Committee to develop guidelines on the commissioning, content and use of welfare reports chaired by the Honourable Ms Justice Nuala Jackson of the High Court. The Committee is being supported by my Department and is expected to conclude its work shortly. The Family Justice Training Working Group was established in July 2024. The role of the Group is to: - Research the minimum standards and recommended training required for professions working in the family justice area; - Identify professional development opportunities to address identified gaps relevant to profession/relevant to all where appropriate; and - Engage with educational and professional bodies and associations to develop and implement training across professions in core family justice areas e.g. child-centred approach, dispute resolution, trauma-informed practice to review existing training needs for those working within family justice and to develop effective and relevant training programmes. The group has met on a number of occasions, and its work to identify the necessary standards and areas of training for family justice is continuing. |
| Recommendation 3: Review assessment tools currently available to the courts, with a view to making recommendations to improve them, as well as identifying how to assist judges in considering issues on a case-by-case basis. | As noted above, a review of expert reports was published by the Department in June 2024 and the Family Justice Training Working Group was established in July 2024. The Judicial Council who are responsible for providing training for judges are a member of the group. As part of the Family Courts Act 2024, dedicated judges will be listed for family law cases. This will be an important element of reform to provide enhanced skills and greater space for consideration of issues on a case-by-case basis. An implementation plan for the Act will be published in January 2026 and engagement with the Judicial Studies Committee of the Judicial Council will be required as part of the implementation process. |
| Recommendation 4: Support and extend family support services, including ADR, and make them more accessible. | Work on developing a directory of services, initially for the Dublin area, which will assist parents in finding relevant information and support is at an advanced stage. Work on increasing awareness and promotion of ADR among professionals, families and service users is ongoing. In particular, the Courts Service family law information hub provides detailed information for court users on many aspects of family law proceedings, as well as signposting people to services including mediation. The Legal Aid Board has also initiated a call back service for its Family Mediation Service. In delivering another action in the Family Justice Strategy, the Legal Aid Board has established a panel of private mediators to supplement its in-house family mediators to deliver an expanded service across the country. |
| Recommendation 5: Improve the training and awareness amongst legal professionals and others involved in high-conflict proceedings to increase their understanding of concepts and descriptors associated with behaviours of parents and children in these situations. | As noted above, the Family Justice Training Working Group was established in July 2024. The Judicial Council is a member of the group. |
| Recommendation 6: Actions should be implemented with regards to establishing, and in some areas improving, data collection on family justice issues. | The Department is currently undertaking an in-depth data mapping exercise and a policy paper will be developed with recommendations on how family justice data collection can be improved. A tender process for a Family Law Reporting Project closed on 15 September 2025 and the bids are currently being evaluated. The overall aim of the Project is to enhance transparency both for the public about family law proceedings and confidence in the judicial determination of family law disputes, while continuing to ensure the privacy of those proceedings for children and families. The systematic reports on aspects of family law cases that the Project will produce and publish will further public understanding and awareness of, and confidence in, the judicial determination of family law disputes. It is expected that the project will run for three years. |
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