Family courts reform passed by Seanad

Family courts reform passed by Seanad

The Family Courts Bill 2022 has been passed by the Seanad.

Once enacted, the bill will provide for the establishment of family court divisions within the existing court structures: a Family High Court, a Family Circuit Court and a Family District Court.

Judges will be assigned to the family courts divisions on a full-time basis who have specialist training or experience in dealing with family law matters.

Justice minister Helen McEntee said: “Today marks an important milestone in the much-needed reform of our family justice system.

“It is an unfortunate, but increasingly common reality for families to need the support of the courts and the justice system to reach a resolution to issues such as relationship breakdown, custody and guardianship arrangements and maintenance payments.

“People are navigating these processes at a time when they are often personally at their most vulnerable, adding to an already heavy burden of stress on families.

“Unfortunately, our family justice system in its current form does not always offer a smooth transition through these changes in a family’s life.

“One of the ways the bill seeks to address this is by the inclusion of a set of guiding principles for the family court system to make the best interests of the child a primary consideration in all family law proceedings, to operate in an efficient and user-friendly manner and to encourage active case management by the courts.”

Additional wording was inserted at Seanad committee stage in the bill’s guiding principles for the conduct of family law proceedings.

Mrs McEntee said: “These amendments are aimed at ensuring the safety of parties to proceedings is considered, including when considering whether parties should engage in mediation or other forms of alternative dispute resolution.

“New provisions regarding prohibition on personal cross examination have also been inserted, similar to those in the Domestic Violence Act 2018.

“These actions, coupled with other actions within the Family Justice Strategy, will ensure our family justice system works better for everyone engaging with it, but particularly for those who need additional supports and protections, such as domestic violence victims.”

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