The use of the in-camera or privacy rule within the family courts of Ireland is set for examination as an independent research investigation has been initiated. Experts in law and societal matters from the University College Cork (UCC) and Trinity College Dublin (TCD) are set to investigate how the rule is implemented and how it is handled by those who are within the court system.
The in-camera rule is commonly understood to function as a protector of identity and privacy for the parties involved and any children pertinent to the case in the family law setting. However, the researchers have noted that how the rule is applied in its actual scope and nature remains vague.
The Department of Justice has assigned this research as an initiative under the Family Justice Strategy 2022-2025. This will be among the pioneering studies scrutinising the practical workings of the in-camera rule within the proceedings of Irish family law. Its aim is to delve into the perceived limitations and strengths of this rule from the perspective of a spectrum of stakeholders from parents to other professionals involved in the legal scenario.
The preliminary stage of this research will comprise a nationwide, anonymous web-based survey of parents who have dealt directly with the Irish family law system. This survey will remain accessible until the middle of August. Subsequent phases will involve interaction with other professional stakeholders.
Responsible for conducting this study are Dr Aisling Parkes from the UCC School of Law, Dr Kenneth Burns from UCC’s School of Applied Social Studies, and Dr Simone McCaughren from the TCD School of Social Work and Social Policy, with leading responsibilities given to Dr Parkes.
Dr Parkes has expressed that this investigation is opportune given the current emphasis on reform within the Irish family justice mechanism. The confusing implementation of the in-camera rule has not only affected families but also professionals who interact with the family law system daily, hindering potential recommendations for amendments due to limited research.
Dr McCaughren believes the study will document the experiences and viewpoints of those involved with the Irish family law system for the first time. The gathered data from the survey will feed into this novel, much-required research supporting the ongoing schemes for reform of the family legal system, playing a significant role in further family law reforms by discerning the challenges and opportunities involving the rule’s implementation.