The in-camera Rule in Family Law Proceedings

by Matthew de Courcy, Partner 

The “in camera” rule in family law proceedings means that certain family cases are heard in private, with no public access to the courtroom. This rule is designed to protect the privacy of the parties involved, particularly children and vulnerable individuals, and to ensure that sensitive matters, such as domestic violence or child custody disputes, are not exposed to the public. The aim is to balance the need for privacy with the public’s interest in the justice system.

Section 40 of the Civil Liability and Courts Act 2004 permits solicitors, barristers, and other individuals approved by the Minister for Justice and Equality to attend and report on family law cases.

Under the “in camera” rule, the media and the general public are typically excluded from attending these hearings, and reporting of the proceedings is prohibited. However, the judge can allow exceptions, for instance, if the proceedings are deemed to be of significant public interest, as seen in some recent reforms in Ireland.

More recently the implementation of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 allows the media in certain circumstances to attend and report on family law proceedings, though their participation is subject to various restrictions.

The rule is meant to maintain confidentiality and prevents dissemination of information to third parties but does not prevent the parties from discussing a case with their legal representatives. Breaching the “in camera” rule can lead to legal penalties, including fines or imprisonment, reflecting the importance of upholding confidentiality in family law matters to safeguard the welfare of those involved.

If you have any questions on the above or require assistance in relation to a family law matter, please feel free to contact me directly or any of our experienced family law team.