Law Society: Call on Government to prioritise modernisation of family courts

The Law Society of Ireland has called on the Government to deliver on its commitments and prioritise the modernisation of the family courts.

The call - made as part of the annual family and child law conference today - focusses on the urgent need to upgrade inadequate facilities, fully implement legislation already passed, and to look abroad for systems that have been successfully operating for decades.

Ken Murphy, director general of the Law Society of Ireland (pictured), said: “Family law is a dynamic and complex area of law in Ireland, and we have seen significant changes in recent years which reflect the evolving fabric of our society.

“One key area that is causing much harm and frustration within the community is the courts system that exists for hearing family law matters. Family breakdown, child custody and protection of minors – these are some of the most difficult and sensitive court proceedings that exist.

“It has been over 20 years since the Law Reform Commission recommended a specialised court structure for family law matters and the commitment was made in the last Programme for Government. An unpublished Bill relating to this commitment is listed on the Department of Justice and Equality website, but here we are in 2017 with little progress made.

“The system as a whole needs urgent review, including the provision of dedicated and experienced judges, with the appropriate administrative support structures”

“Meanwhile case-loads increase, unacceptable delays are experienced and inadequate facilities are utilised that simply can’t provide for the needs of clients given the confidential nature of these cases.

“What we are calling for is not simply a matter of opening another building – the system as a whole needs urgent review, including the provision of dedicated and experienced judges, with the appropriate administrative support structures to improve the capacity and efficiency of the system.”

Dr Geoffrey Shannon, a member of the Law Society’s family and child law committee, led a working group in 2015 on the development of a 42-page blueprint for a new family law courts structure, reflective of the needs of modern Ireland and taking its cues from the best practice examples that have been operating in other countries for decades.

Dr Shannon, who is also chairing today’s family law conference, said: “Ireland does not have a formal family court structure per se. Typical cases are being dealt with throughout the courts system although most are heard in the District and Circuit Courts.

“These courts do not have specialised facilities to deal with the sensitive nature and needs of clients going through very difficult and personal proceedings.

“We now have world-class legislation which must be complemented by world-class infrastructure.”

Dr Shannon’s report provides an extensive list of recommendations, backed up by research on systems in place abroad. Some jurisdictions, such as Australia, have had dedicated family law courts since 1976.

The Law Society recently launched a new Family Law in Ireland handbook which sets out a code of practice for legal practitioners that reflects the changing landscape of family law and reinforces this importance of the voice of the child in family law cases.