EU Justice Ministers: Jim O’Callaghan highlights the voice of the child in private family law

Children caught up in family law disputes are often deeply affected by decisions they did not make. At an EU-level meeting led by Ireland, the voice of the child was placed firmly at the centre of the conversation, with Minister Jim O’Callaghan urging justice leaders to ensure children are heard in private family law proceedings.

At an informal gathering of EU Justice and Home Affairs Ministers on 17 July 2026, the Department of Justice, Home Affairs and Migration used Ireland’s EU Presidency platform to focus on how legal systems can better respond to children involved in guardianship, custody and access cases. The discussion reflects a broader policy direction across gov.ie and the wider Irish public service, where child participation is increasingly being treated as a core principle rather than a procedural extra.

The voice of the child in private family law takes centre stage

The meeting examined how courts and legal systems can make family law more accessible and fair for children. Ministers discussed practical ways to improve participation, including:

• Providing age-appropriate information about family law proceedings
• Helping children express their views safely and clearly
• Ensuring children understand how their views were considered in decisions
• Improving supports in cases involving guardianship, custody and access

Two young people with lived experience of domestic violence and the Irish family justice system addressed ministers during the session, with support from Barnardos. Their testimony underscored a crucial point: children are not passive observers in family breakdowns; they are directly impacted and deserve to be listened to with care and seriousness.

Ireland’s justice agenda and why it matters

Minister O’Callaghan said children and young people are “citizens of today and not just adults of tomorrow,” reinforcing the idea that their rights must be respected in real time. That position aligns with Ireland’s constitutional obligations and Article 12 of the UN Convention on the Rights of the Child, which requires that children’s views be heard and given due weight in matters affecting them.

The initiative also connects with a wider ecosystem of Irish institutions and policy areas, including the Health Service Executive (HSE), Tusla, the Courts Service, the Department of the Taoiseach, Justice, Health, Education and Children/Disability/Equality. While the Revenue Commissioners, Central Bank, CSO and Workplace Relations Commission (WRC) are not directly involved in family proceedings, they form part of the broader public administration landscape through which gov.ie services are delivered and understood by citizens.

Key reforms already under way

The Department of Justice, Home Affairs and Migration has already been progressing several reforms in this area:

1. A 2024 review of expert reports in family law proceedings
2. A Children’s Court Advocate Pilot Service planned for Waterford and Clonmel, Co. Tipperary
3. New guidelines for preparing Voice of the Child Reports
4. Judicial guidelines on expert reports in family law proceedings, published on 16 April 2026

The pilot service is especially significant because it aims to give children in private family law cases an opportunity to express their views at no cost to them or their families. The model is based on the Lundy Model of participation, a framework widely recognised for supporting meaningful child engagement.

What this means for families and the Irish legal system

The emphasis on the voice of the child in private family law signals a cultural as well as legal shift. It suggests a move toward a system where children are informed, supported and treated as rights-holders throughout the process. For families navigating difficult disputes, that could mean better communication, more specialised supports and decisions that more accurately reflect children’s lived realities.

As Ireland shapes this discussion at EU level, the message from gov.ie and the Department of Justice is clear: the voice of the child must not be symbolic. In private family law, it should be heard, understood and meaningfully reflected in outcomes that affect a child’s future.

Article/Image Courtesy: gov.ie