Domestic Abuse Survivors Gain Right to Name Abusers in Family Law Shake-Up

 Dublin, April 30, 2025 – Domestic abuse survivors will soon have the opportunity to waive their anonymity and publicly name their abusers in family law cases, following a major overhaul of privacy rules. A groundbreaking study of the “in-camera” rule, which mandates strict privacy for certain family law hearings, has proposed over 20 recommendations to enhance transparency in these often traumatic court proceedings.

The report, commissioned by the Department of Justice and conducted by researchers from University College Cork and Trinity College Dublin, marks the first time testimonies from those affected by the in-camera rule in Ireland have been collected. Justice Minister Jim O’Callaghan has welcomed the findings, stating, “I have to do something about it in the tenure of my office.” He emphasized the importance of public justice, noting, “When something goes into the dark and it’s hidden, that’s potentially where difficulties can arise.”

The research highlights a proposed distinction between public and private information, allowing survivors to share their experiences with trusted family members or relevant parties, such as a child’s school, without breaching the rule. One case cited involved a child’s guardian explaining a sick note to the school, only for the judge to invite the perpetrator to seek a breach ruling. Additionally, survivors reported avoiding counseling during their “lowest” points due to fear of prosecution, a concern echoed by judges who confirmed that discussing such cases with therapists could violate privacy laws.

Covering cases like guardianship, custody, access, maintenance, domestic violence orders, and divorce, the report calls for a clearer definition of the in-camera rule and timely information sharing. It recommends granting survivors the right to seek permission to waive anonymity, aligning family law with criminal justice practices where abusers can be publicly named. This change would benefit those with safety, protection, or barring orders against violent partners.

A national survey of 300 parents, grandparents, and guardians revealed mixed perceptions: only 36% felt the rule protected their privacy, and just 27% believed professionals fully understood it. Nearly half reported breaches, including discussions on social media or in court corridors, while over half advocated for the rule’s abolition, with 79% favoring reform. The report also noted confusion among lawyers and judges about its application, with some suggesting less scrutiny on legal professionals led to a more adversarial process.

O’Callaghan stressed the need for a supportive court experience, saying, “Those who find themselves in family law court should be experiencing a process that is as ameliorating as possible, a process that is as comfortable as it could possibly be for the individuals involved.” Other proposals include publishing anonymized judgments, as practiced elsewhere, and launching a new Family Law Reporting Project. The researchers expressed regret over the lack of child testimonies, recommending dedicated future research.

Though unpublished, the report’s findings were shared at yesterday’s Family Law Justice Forum in Dublin, signaling a potential shift toward greater transparency and survivor empowerment in Ireland’s family law system.