Women’s Aid, Rape Crisis Network Ireland, Safe Ireland, One Family, Treoir, Dublin Solicitors Bar Association, Cork Family Lawyers Association, Clinical Assessors in Family Law Ireland CLG and the Law Society of Ireland are calling for urgent changes to the Family Courts Bill 2022.

While supporting the broad intentions of the bill, they call for “priority improvements”, including the reversal of the proposed move of divorce, separation, cohabitation, and civil partnership cases to the already over-burdened and over-stretched District Court.

They also say that the family courts currently offer “inadequate facilities, waiting areas and processes” to protect children, couples experiencing relationship breakdown including custody or access issues, and survivors of domestic violence from unsafe situations.

They suggest the bill should include a guiding principle which deals with safety for all parties, including safe outcomes and safe processes to prevent further traumatisation at an extremely difficult time in their lives.

They also say that, while alternative dispute resolution (ADR) is a necessary, and often positive, tool in family law cases, when properly resourced, there are circumstances in which ADR cannot be expected to be utilised.

ADR should not be used in cases involving domestic violence, sexual violence or coercive control, they say, arguing that those exceptions “need to be explicitly stated in the Family Courts Bill”.

Finally, they say the bill should be amended to retain divorce, separation, cohabitation, and civil partnership cases in the Circuit Court and also to invest in reform of the existing District Family Court, rather than duplicate the system that already exists in the Circuit Family Court.

Clíona Saidléar, executive director of the Rape Crisis Network Ireland, said: “People who have cause to use the family court are particularly vulnerable, and their experiences navigating the system can be unnecessarily difficult. Survivors of sexual and domestic violence, including children, must be at the centre of family courts reform.

“This means the process must be accessible, with each stage easily understood and meaningful, these stages should be dealt with promptly, the expertise should be appropriate, and users should not be asked to pay for court ordered assessments.

“Very importantly, the process should not be readily open to manipulation by a party who seeks to continue abusive and controlling behaviour through using the process itself. This Bill is part of the solution to this complex set of problems.

“We consider, along with our partners, that this Bill needs close scrutiny and amendment to ensure it can deliver on its ambitious intention.”

Peter Doyle, chairperson of the Law Society’s family and child law committee, said: “The Family Courts Bill is long-awaited and everyone who works in the family justice system welcomes progress being made in this area.

“However, the shared concerns of these diverse representative NGOs and legal groups should send a clear signal that it is not yet fit for purpose. We are all united in wanting to support government as it seeks to make reform in this area.

“Our proposed amendments to the bill, which are based on each organisation’s unique perspective and needs, and direct experiences of working in the family courts, are practical and achievable.

“If taken on board, the eventual Family Courts Bill would truly create a better family justice system for children, families, and survivors of domestic violence, a goal we are all committed to advancing collectively.”

He added: “We want to make the system better, not worse. The proposed move of divorce, separation, cohabitation, and civil partnership cases to the District Court is a step backwards. We hope that our concerns will be heard and acted on, and we urge the minister for justice to meet with us.”