FAMILY COURTS ACT 2024

in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing such a report—

• (i) attend the proceedings, and

• (ii) have access to any relevant documents,

subject to any directions the court may give in that behalf.

• (3)
• (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.

• (b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so—

• (i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

• (ii) by reason of the nature or circumstances of the case, or

• (iii) as it is otherwise necessary in the interests of justice,

the court may, of its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—

• (I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

• (II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

• (c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

• (i) the best interests of a child to whom the proceedings relate;

• (ii) the views, if any, of—

• (I) a party to the proceedings, and

• (II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

• (iii) whether information given or likely to be given in evidence is sensitive personal information;

• (iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

• (v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

• (vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;

• (vii) whether information given or likely to be given in evidence is commercially sensitive information;

• (viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

• (d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

• (e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

• (f) In this subsection—

“commercially sensitive information” means—

• (i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or

• (ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;

“party to the proceedings” includes a witness in the proceedings;

“sensitive personal information” means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—

• (i) information relating to the medical, psychiatric or psychological history of the person,

• (ii) information relating to the tax affairs of the person, and

• (iii) information relating to the sexual conduct or sexual orientation of the person.

• (4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed.

• (5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.

• (6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings to—

• (a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or

• (b) such body or other person as may be prescribed, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.

• (7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to—

• (a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or

• (b) such body or other person as may be prescribed, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.

• (8) The leave of a court shall not be required for—

• (a) the production of a document in accordance with subsection (6), or

• (b) the giving of information or evidence in accordance with subsection (7).

• (9) A court hearing proceedings under a relevant enactment shall, of its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.

• (10) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.

• (11) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.

• (12) In subsection (2), “relevant documents”, in relation to any proceedings referred to in that subsection means any of the following documents (other than where the contents of any such document are expressed to be without prejudice or in terms having a like effect):

• (a) the petition, summons or other originating document in the proceedings;

• (b) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings;

• (c) reports prepared in the course of the proceedings and produced to, or lodged with, the court;

• (d) any order made by the court in the proceedings.

97. Prohibition on publication or broadcast of certain matters

97. (1) No person shall publish or broadcast or cause to be published or broadcast any information about a matter which would be likely to lead members of the public to identify the parties to proceedings to which a relevant enactment relates or any child to whom those proceedings relate.

• (2) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely:

• (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

• (b) in the case of any other publication, the person who publishes it;

• (c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both.

• (3)
• (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

• (4) Nothing in this section shall affect the law as to contempt of court.

• (5) It shall be a defence for a person who is charged with an offence under this section to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the matter alleged to have been published or broadcast was a matter specified in this section.

98. Limitation on personal cross-examination by applicant or respondent in family law proceedings

98. (1) Where, in family law proceedings (other than proceedings under the Act of 2018)—

• (a) a person under the age of 18 years is to give evidence, and

• (b) the applicant or respondent proposes to cross-examine the person referred to in paragraph (a) personally,

the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or the respondent to conduct the cross-examination personally.

• (2) Where, in family law proceedings (other than proceedings under the Act of 2018)—

• (a) an applicant or a respondent who has attained the age of 18 years is to give evidence, and

• (b) the other party to the proceedings proposes to cross-examine the person referred to in paragraph (a) personally,

the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally.

• (3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall—

• (a) give reasons for its decision,

• (b) invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and

• (c) require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose.

• (4) If, by the end of the period referred to in subsection (3)(c), the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose.

• (5) If the court decides under subsection (4) that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent.

99. Amendment of section 28 of Civil Legal Aid Act 1995

99. Section 28(5D) of the Civil Legal Aid Act 1995 is amended—

• (a) in paragraph (a), by the substitution of “Act,” for “Act, or”,

• (b) in paragraph (b), by the insertion of “or” after “Act,”, and

• (c) the insertion of the following paragraph after paragraph (b):

• “(c) an applicant or respondent (within the meaning of the Family Courts Act 2024) is prevented from conducting a cross-examination referred to in section 98 of that Act,”.

PART 10 Transitional Provisions

100. Definitions (Part 10)

100. In this Part, “operative date”, in relation to a provision, means the date on which the provision comes into operation and includes the date on which the provision comes into operation, in accordance with section 1(2)(b), in respect of a particular court, a particular Family Circuit Court circuit or a particular Family District Court district.

101. Continuity and enforcement of administration of justice not affected

101. The continuity of the administration and enforcement of justice shall not be interrupted by the coming into operation of any provision of this Act, including its coming into operation in accordance with section 1(2)(b) in respect of a particular court, a particular Family Circuit Court circuit or a particular Family District Court district.

102. General transitional provisions

102. (1) The High Court shall, as regards any family law proceedings before it that have been—

• (a) initiated before the operative date, and

• (b) heard in full or in part by that Court on or before that date,

continue to have jurisdiction in respect of the proceedings and, accordingly, the High Court may—

• (i) determine and pronounce judgment in respect of those proceedings, or

• (ii) transfer the proceedings to the Family High Court, where it is satisfied that it is appropriate to so transfer.

• (2) The Circuit Court shall, as regards any family law proceedings before it—

• (a) that have been initiated before the operative date, and

• (b) regardless of whether such proceedings have been heard in full or in part by that Court on or before that date,

continue to have jurisdiction in respect of the proceedings and, accordingly, the Circuit Court may—

• (i) determine and pronounce judgment in respect of those proceedings, or

• (ii) transfer the proceedings to the Family Circuit Court to be heard by the judge of the Family Circuit Court circuit in which one of the parties to the proceedings ordinarily resides or carries on any profession, business or occupation, where it is satisfied that it is appropriate to so transfer.

• (3) The District Court shall, as regards any family law proceedings before it—

• (a) that have been initiated before the operative date, and

• (b) regardless of whether such proceedings have been heard in full or in part by that Court on or before that date,

continue to have jurisdiction in respect of the proceedings and, accordingly, the District Court may—

• (i) determine and pronounce judgment in respect of those proceedings, or

• (ii) transfer the proceedings to the Family District Court to be heard by the judge of the Family District Court district in which one of the parties to the proceedings ordinarily resides or carries on any profession, business or occupation, where it is satisfied that it is appropriate to so transfer.

• (4) The High Court shall, as regards any family law proceedings before it that—

• (a) have been initiated before the operative date, and

• (b) have not been heard in full or in part by that Court on or before that date,

transfer the proceedings to the Family High Court.

• (5) For the avoidance of doubt, where a court (in this subsection referred to as the “transferring court”) transfers proceedings under this section, the court to which the proceedings are transferred shall retain the power under any enactment or rule of law to transfer the proceedings to another court, other than the transferring court.

• (6)
• (a) For the purposes of subsections (1), (2) and (3), proceedings shall not be taken to have been heard in part by reason only of the High Court, the Circuit Court or the District Court, as the case may be, having heard an interlocutory application relating to the proceedings or unless the proceedings are confined to a procedural matter, the High Court, the Circuit Court or the District Court, as the case may be, having heard any procedural application or motion relating to the proceedings.

• (b) Where, however, an order has been made by the High Court, Circuit Court or District Court, in relation to an interlocutory application, procedural application or motion concerning proceedings which are subsequently determinable by the Family High Court, Family Circuit Court or Family District Court, as the case may be, the validity of the order shall not be affected by the transfer of the proceedings to the Family High Court, Family Circuit Court or Family District Court.

• (7) For the purposes of subsections (1), (2) and (3), in so far as is practicable, the judge of the High Court, Circuit Court or District Court seised of the family law proceedings on the operative date shall be the judge who continues to have jurisdiction in respect of the proceedings regardless of whether the judge concerned is assigned to the Family High Court, Family Circuit Court or Family District Court, as the case may be, on that date.

103. Transitional provision for appeals in family law proceedings

103. (1) The High Court shall, as regards an appeal of a decision of the Circuit Court in family law proceedings that has been—

• (a) lodged before the operative date, and

• (b) heard in full or in part by the High Court on or before that date,

continue to have jurisdiction in respect of the appeal and, accordingly, may determine and pronounce judgment in respect of that appeal.

• (2) The Circuit Court shall, as regards an appeal of a decision of the District Court in family law proceedings that has been—

• (a) lodged before the operative date, and

• (b) heard in full or in part by the Circuit Court on or before that date,

continue to have jurisdiction in respect of the appeal and, accordingly, may determine and pronounce judgment in respect of that appeal.

• (3) The High Court shall, as regards an appeal of a decision of the Circuit Court in family law proceedings that—

• (a) has been lodged before the operative date, and

• (b) has not been heard in full or in part by the High Court on or before that date,

transfer the appeal to the Family High Court.

• (4) The Circuit Court shall, as regards an appeal of a decision of the District Court in family law proceedings that—

• (a) has been lodged before the operative date, and

• (b) has not been heard in full or in part by the Circuit Court on or before that date,

continue to have jurisdiction in respect of the appeal and, accordingly, may—

• (i) determine and pronounce judgment in respect of that appeal, or

• (ii) transfer the appeal to the Family Circuit Court to be heard by the Family Circuit Court by the judge of the Family Circuit Court circuit in which one of the parties to the proceedings ordinarily resides or carries on any profession, business or occupation.

• (5) For the purposes of this section, an appeal shall not be taken to have been heard in part by reason only of the High Court or the Circuit Court, as the case may be, having heard an interlocutory application relating to the appeal or, unless the appeal is confined to a procedural matter, the High Court or the Circuit Court, as the case may be, having heard any procedural application or motion relating to the appeal.

• (6) Where an order has been made by the High Court or Circuit Court in relation to an interlocutory application, procedural application or motion concerning an appeal in family law proceedings which is subsequently determinable by the Family High Court or Family Circuit Court on or after the operative date, the validity of the order shall not be affected by the transfer of the appeal to the Family High Court or Family Circuit Court.

• (7) Where the Court of Appeal or Supreme Court makes an order on or after the operative date requiring the High Court, Circuit Court or District Court, as the case may be, to re-hear in whole or in part, family law proceedings, such proceedings may be transferred by the Court of Appeal or Supreme Court to the Family High Court, the Family Circuit Court or the Family District Court for a re-hearing.

104. General transitional provision validating any court orders, etc. made by District Court, Circuit Court or High Court in family law proceedings

104. (1) For the purposes of any family law proceedings initiated on or after the operative date—

• (a) an order,

• (b) a declaration,

• (c) an appointment,

• (d) a direction,

• (e) an application,

• (f) a deposition,

• (g) a certificate,

• (h) a decree,

• (i) an annulment,

• (j) a dissolution,

• (k) an exemption,

• (l) a judgment, or

• (m) a decision,

made in family law proceedings by the High Court, Circuit Court or District Court which is in effect immediately before that date shall be deemed to have been made by the Family High Court, Family Circuit Court or Family District Court, as the case may be.

• (2) For the purposes of any family law proceedings initiated on or after the operative date, an order made in a state other than the State which—

• (a) was deemed to be—

• (i) an order made in the State, or

• (ii) of the same effect as an order of the High Court, the Circuit Court or the District Court, as the case may be,

and

• (b) is in effect immediately before that date,

shall be valid and enforceable by the Family High Court, the Family Circuit Court or the Family District Court, as the case may be.

SCHEDULE 1 Repeals

Section 5

ACTS REPEALED

Item (1)	Number and Year (2)	Short Title (3)	Extent of Repeal (4)
1.	No. 32 of 1953	Courts of Justice Act 1953	Section 31
2.	No. 11 of 1981	Courts Act 1981	Sections 5 and 16
3.	No. 6 of 1991	Child Abduction and Enforcement of Custody Orders Act 1991	Section 39(2)
4.	No. 31 of 2004	Civil Liability and Courts Act 2004	Sections 40 and 40A

SCHEDULE 2 Amendments of Miscellaneous Enactments0

Section 6

Item (1)	Number and Year (2)	Short title (3)	Section (4)	Amendment (5)
1.	No. 1 of 1970	Health Act 1970	Section 64(3)	By the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”.
2.	No. 26 of 1986	Courts (No. 2) Act 1986	Section 5(2)	By the substitution of “Family District Court” for “District Court”.
3.	No. 6 of 1993	Criminal Justice Act 1993	Section 7(2)(ii)(I)(B)	By the substitution of “Family District Court” for “District Court”.
4.	No. 40 of 1997	Children Act 1997	Section 27	(a) In paragraph (a), by the substitution of “Family Circuit Court, by the judge of the Family Circuit Court circuit” for “Circuit Court, by the judge of the circuit”, and (b) in paragraph (b), by the substitution of “Family District Court, by the judge of that court for the time being assigned to the Family District Court district” for “District Court, by the judge of that court for the time being assigned to the district court district”.
5.	No. 31 of 2004	Civil Liability and Courts Act 2004	Section 39	By the deletion of the definitions of “Act of 2010”, “broadcast”, “publish” and “relevant enactment”.
6.	No. 26 of 2005	Social Welfare Consolidation Act 2005	Section 51(2)	By the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”.
			Section 142A(4)(d)	(a) In subparagraph (i), by the substitution of “Family High Court or the High Court” for “High Court”, and (b) by the substitution of clause (I) in subparagraph (ii) with the following clause: “(I) pursuant to an order— (A) of the Family District Court, the District Court or the Family Circuit Court on appeal from the Family District Court or District Court under Part III of the Child Care Act 1991, and (B) of the Family District Court or the Family Circuit Court (whether at first instance or an appeal from the Family District Court) under Part IV or VI of the Child Care Act 1991,”.
			Section 197(3)(b)	(a) In subparagraph (i), by the substitution of “Family High Court or the High Court” for “High Court”, and (b) by the substitution of clause (I) in subparagraph (ii) with the following clause: “(I) pursuant to an order— (A) of the Family District Court, the District Court or the Family Circuit Court on appeal from the Family District Court or District Court under Part III of the Child Care Act 1991, and (B) of the Family District Court or the Family Circuit Court (whether at first instance or an appeal from the Family District Court) under Part IV or VI of the Child Care Act 1991,”.
7.	No. 31 of 2009	Defamation Act 2009	Section 17(2)(j)	By the substitution of “section 96 of the Family Courts Act 2024” for “section 40 of the Civil Liability and Courts Act 2004”.
8.	No. 21 of 2010	Adoption Act 2010	Section 18	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
			Section 26	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
			Section 27(1)(a)(iii)	By the substitution of “Family High Court” for “High Court”.
			Section 30	By the substitution of “Family High Court” for “High Court” in both places where it occurs.
			Section 31	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
			Section 49	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
			Section 53	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
			Section 54	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
			Section 55	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
			Section 56(2)	(a) In paragraph (a), by the substitution of “Family High Court” for “High Court”, and (b) in paragraph (b), by the substitution of “by the Family High Court” for “by the High Court”.
			Section 56(3)	(a) In paragraph (a), by the substitution of “Family High Court” for “High Court” in both places where it occurs, and (b) in paragraph (b), by the substitution of “by the Family High Court” for “by the High Court”.
			Section 68(2)(b)	By the substitution of “Family High Court” for “High Court”.
			Section 69(2)(b)	By the substitution of “Family High Court” for “High Court”.
			Section 78(2)(b)	By the substitution of “Family High Court” for “High Court”.
			Section 79(2)(b)	By the substitution of “Family High Court” for “High Court”.
			Section 90	By the substitution of “Family High Court” for “High Court” in both places where it occurs.
			Section 92	By the substitution of “Family High Court” for “High Court” in each place where it occurs.
9.	No. 25 of 2015	Gender Recognition Act 2015	Section 2	In the definition of “court”, by the substitution of “Family Circuit Court” for “Circuit Family Court”.

Footnotes