The operation of the In Camera rule in family law proceedings

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dc.contributor.authorParkes, Aislingen
dc.contributor.authorMcCaughren, Simoneen
dc.contributor.authorBurns, Kennethen
dc.contributor.otherD’Jalma Torres Sánchez, Maríaen
dc.contributor.roleMember of the research teamen
dc.date.accessioned2025-06-11T14:08:06Z
dc.date.available2025-06-11T14:08:06Z
dc.date.issued2025en
dc.description.abstractIt 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.en
dc.description.statusPeer revieweden
dc.description.versionPublished Versionen
dc.format.mimetypeapplication/pdfen
dc.identifier.citationParkes, 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)en
dc.identifier.endpage14en
dc.identifier.startpage1en
dc.identifier.urihttps://hdl.handle.net/10468/17640
dc.language.isoenen
dc.publisherDepartment of Justice, Irelanden
dc.relation.urihttps://assets.gov.ie/static/documents/The_Operation_of_the_In_Camera_Rule_in_Family_Law_Proceedings.pdfen
dc.rights© 2025, Department of Justice, Ireland.en
dc.subjectIn cameraen
dc.subjectLegal proceedingsen
dc.subjectIrelanden
dc.subjectPrivate family law proceedingsen
dc.subjectPublic family law casesen
dc.subjectCriminal law proceedingsen
dc.subjectChildrenen
dc.subjectFamily law proceedingsen
dc.titleThe operation of the In Camera rule in family law proceedingsen
dc.typeReporten
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