The operation of the In Camera rule in family law proceedings

Parkes, Aisling; McCaughren, Simone; Burns, Kenneth

The operation of the In Camera rule in family law proceedings

Files

The_Operation_of_the_In_Camera_Rule_in_Family_Law_Proceedings-3.pdf(2.81 MB)

Published Version

Date

2025

Authors

Parkes, Aisling

McCaughren, Simone

Burns, Kenneth

Publisher

Department of Justice, Ireland

Abstract

It is a fundamental principle of Irish constitutional law that justice should be administered in public. Chief Justice Hamilton wrote that, “In a democratic society, justice must not only be done but must be seen to be done”. This means that members of the public and journalists can sit in open courtrooms and observe and comment on how justice is administered. However, there is an exception to this fundamental principle in that certain types of cases can be heard ‘otherwise than in public’. In other words, certain court proceedings can be held in private without members of the public attending, and there are strict limitations on what can be shared and reported. The in camera rule is the privacy rule that places limits on: a) who can attend the category of cases that are held ‘otherwise than in public’, b) what can be shared with others about these cases, c) who can access documents associated with these cases, and d) the exceptions to the rule for reporting and research purposes. The focus of this report is on the operation of the in camera rule in private family law proceedings (for example, guardianship, custody and access cases; domestic violence, abuse and coercive control; judicial separation and; divorce cases) and public family law cases (child care and child protection cases involving Tusla, Child and Family Agency). However, reference is also made to the operation of the in camera rule in other legal contexts, such as criminal law proceedings and in cases where children are in conflict with the law.

Keywords

In camera , Legal proceedings , Ireland , Private family law proceedings , Public family law cases , Criminal law proceedings , Children , Family law proceedings

Citation

Parkes, A., McCaughren, S. and Burns, K. (2025) The operation of the In Camera rule in family law proceedings. Department of Justice, Ireland, pp. 1-14. Available at: https://assets.gov.ie/static/documents/The_Operation_of_the_In_Camera_Rule_in_Family_Law_Proceedings.pdf (Accessed: 11 June 2025)