Family law has always been treated differently from other areas of the justice system because of its sensitive nature. Cases often involve children, intimate family matters, and financial information that require careful handling. To protect those involved, most family proceedings are not open to the general public.
This approach is known as the in camera rule. It means that hearings take place in private and only the people directly concerned, along with their legal representatives, are allowed to attend. The rule has been an important safeguard for families, especially for children, by keeping personal details out of the public eye.
However, there has been growing recognition that the system also needs greater openness. The Government has committed to reforming the in camera rule so that the balance between privacy and transparency is clearer and fairer. These reforms are part of a wider strategy to modernise how family justice operates in Ireland.
Background on the in camera rule
The requirement for family law hearings to take place in private has its roots in the Constitution of Ireland, which says that justice should normally be administered in public but allows exceptions set out in law (Article 34, The Courts). Family law is one of those exceptions. The courts have long recognised that these cases involve sensitive personal issues and often concern children who need special protection.
The rule was updated in 2013 to allow limited press access. Under the Courts and Civil Law (Miscellaneous Provisions) Act 2013, bona fide members of the press may attend family and childcare proceedings. Judges, however, retain wide discretion to exclude the press or to restrict what can be reported if that is necessary to protect the parties or the interests of justice. Any reporting must be anonymised so that the families involved cannot be identified.
A further step came with the Family Courts Act 2024, which brings the various rules about private hearings and reporting together in one place. It sets out who may attend, how information can be shared, and what sanctions apply for unlawful publication. At present, the Family Courts Act 2024 has not yet been commenced, so the 2013 framework continues to apply until a commencement order is made.
Challenges with the current system
While the in camera rule plays an important role in protecting privacy, it has also created some difficulties in practice. People using the family courts often find the rules confusing or restrictive. Some of the main challenges include:
- Lack of clarity – Many litigants are unfamiliar with the Latin phrase “in camera” and are unsure what it means in practice. This can add to the stress of attending court.
- Feeling of isolation – Because information about proceedings cannot usually be shared outside court, parties may feel cut off from wider support networks such as counsellors, teachers, or extended family.
- Limited transparency – The wider public, and even professionals outside the courtroom, have little insight into how family law is applied in practice. This can lead to misunderstandings about how the system works.
- Inconsistent reporting – Although journalists may attend, restrictions vary, and reporting can be patchy. This means there is no clear or consistent picture of the family courts for the public.
These challenges have prompted calls for reform so that the system can remain protective of families while also being easier to understand and more open to appropriate scrutiny.
Government plans for reform
The Government has made reform of the in camera rule a key part of its Family Justice Strategy 2022–2025. In May 2025, an independent research review was published, which set out clear recommendations. Among the most significant proposals were:
- Replace or redefine the term “in camera rule” with plain language so that court users understand what it means.
- Allow accredited journalists a presumptive right to attend family hearings, subject to safeguards and the judge’s discretion.
- Establish a national system for anonymised reporting of family law cases, so that the public can see how the courts approach common issues without exposing personal details.
- Make sure the rule does not prevent people from discussing their case with essential support services such as counsellors or schools.
To begin this process, the Department of Justice has launched a Family Law Reporting Project, which will provide anonymised reports on cases across the country. Policy proposals on further reform are expected before the end of 2025.
What this means for families and practitioners
For now, family law hearings will continue to take place in private under the framework set by the 2013 Act. This means that families can be assured their details remain confidential and that any press reporting must be strictly anonymised.
The reforms currently planned are intended to improve transparency and public understanding of the family courts without undermining privacy. In practice, this could lead to more consistent reporting and clearer information for those navigating the system. Families will still be protected from unnecessary publicity, but the public will gain a better picture of how the courts make decisions.
For practitioners, it is important to keep clients informed about both the protections that already exist and the changes that may be coming. As the Family Courts Act 2024 and related reforms are brought into force, solicitors will play a key role in explaining what these developments mean in everyday terms.
Further questions about the upcoming changes?
If you have questions about how the in camera rule works or how the upcoming reforms may affect you, please get in touch with the family law team at McCarthy + Co Solicitors LLP. Our experienced solicitors are here to provide clear, practical advice tailored to your situation.
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