Home > Judicial guidelines on the commissioning, preparation, content and usage of expert reports in family law proceedings.

Department of Justice Home Affairs and Migration. (2026) Judicial guidelines on the commissioning, preparation, content and usage of expert reports in family law proceedings. Dublin: Department of Justice Home Affairs and Migration.

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In accordance with section 3 of the Guardianship of Infants Act, 1964 (as amended), the ordering of a report and its scope should be consistent with the best interests of the child/children concerned. Factors to which a court shall have particular regard in directing an expert report are set out in section 32(3) of the 1964 Act. In addition, relevant considerations in deciding whether to commission a report will include the factors set out in section 31 of the 1964 Act.

Considerations of importance may include:
a. Physical, psychiatric or psychological ill health or addiction or alleged addiction of any persons within the family being assessed;
b. Issues giving rise to a risk of harm to the child/children;
c. Concerns relating to the protection of children’s safety and wellbeing, physical or psychological;
d. Domestic violence or alleged domestic violence;
e. Where both parents request such assessment and report, and this is not determined by the court to be contrary to the best interests of the child;
f. Where concerns arise in relation to influence in the context of the actions or expressed views of the child/children;
g. Intractable parental/guardianship conflict inter partes;
h. Contact refusal or significant contact difficulties;
i. Relocation of one of the parties such as will significantly interfere with the extant and future arrangements between the children and either parent/guardian;

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