Plan to relax in-camera rule in family law cases

The Government plans to change the in-camera rule in family law cases to allow general reporting, while retaining privacy for…

The Government plans to change the in-camera rule in family law cases to allow general reporting, while retaining privacy for individuals involved.

The Department of Justice is also considering the operation of legislation on access orders, according to the Minister for Transport, Mr Brennan, who was speaking in the Dáil for the Minister for Justice, Equality and Law Reform, Mr McDowell.

Labour's spokesman on justice, Mr Pat Rabbitte, said the rights of the estranged father in cases of marital breakdown were sometimes "set aside" in the courts.

There was so little information about the performance of the family court, given the in-camera rule, that it would surely be possible to hand down written judgments, "or even elaborate decisions in a manner that would prevent the parties being identified", Mr Rabbitte said.

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Mr Brennan said the Government would "change the in- camera rule in family law cases to allow for general reporting of overall trends while continuing to respect the privacy of those involved".

He said it was an important commitment in the Programme for Government, and it was an aspect of the administration of family law that concerned fathers' groups.

Mr Rabbitte, who raised the issue of family law and its impact on estranged fathers, said it was important that children in marital breakdown had "continued contact with both parents". However, even in circumstances "where the court prescribes regular access, often the order of court is incapable of implementation".

Parents sometimes used the children as pawns and the legal system "does not offer the possibility of adequate redress", Mr Rabbitte said.

Mr Brennan said concern had been expressed that access orders granted to the father were often flouted by the mother, who did not allow access on the court's terms.

"I am concerned that this should happen because it means that an order of a court, which by definition has been made in the best interests of the child, is not implemented as it should be."

He said victims of such behaviour should report the matter to the Garda, but he said the Department of Justice "is at present considering how the legislation relating to access orders is operating and whether any amendment to the law may be desirable".

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times