The Gazette 1986

INCORPORATED LAW SOCIETY OF IRELAND

GAZETTE

Vol. No. 80 No. 7

SEPTEMBER 1986

Courts For Family Law Cases

hen the Bill (which subsequently became the

Courts Act 1981) giving the District and Circuit

Courts extended jurisdiction in Family Law matters was

introduced, concern was expressed in legal circles about

the practical difficulties that this would present. Court-

houses in most parts of the country, including Dublin,

which were then, and still are, physically unsuited to the

conduct of family law cases. The Court buildings

themselves vary from the forbidding to the faintly

ludicrous; what most of them have in common is a lack

of any proper facilities for private consultation between

clients and their lawyers. The sensible requirement that

such cases be held

'in camera

' presents other practical

problems. Since the luxury for separate dates for

different categories of cases is only available in the

largest population centres, this necessary privacy is best

provided by listing the family law cases either at the

beginning or at the end of the ordinary court lists.

However, this short-term solution to one problem has

created further problems. There are complaints from

legal practitioners that, because such priority is given in

District and Circuit Courts to the hearing of family law

cases, criminal cases are falling seriously into arrear,

while civil (non-family) cases are not being reached at all

unless special additional court sittings can be arranged.

In some instances, non-family law cases are being

adjourned from one court sitting to the next in the

(sometimes, vain) hope that there will be a 'collapse' of

a list and that court time will be found for them to be

heard.

A further concern which has, not surprisingly,

become a reality is that not all judges are temperamen-

tally suited to hearing family law cases, most of which

are emotionally charged, difficult and time consuming.

When family law was largely a preserve of the High

Court, the President of the High Court had available to

him a substantial number of judges from whom he

could choose those he thought best suited to dealing

with such cases. The Presidents of the Circuit and

District Courts have no such choice available to them.

Circuit Judges and District Justices are assigned to

specific jurisdictional areas and of necessity must hear

the family law cases arising in those areas.

It is clear that there is a need to take an urgent and yet

careful look at the present arrangements. Bringing the

venue of family law cases within the reach of the parties,

both physically and economically, was a laudable aim

but, unfortunately, it does not seem to have been

thought through in the practical terms summarised

above.

Two of the recent announcements from the Govern-

ment about its legislative or administrative proposals

for the family law area might offer a solution if brought

about quickly (and before election fever creates a

different order of priorities!). The first is the establish-

ment of a separate tier of family courts (based on the

present Circuit system), comprising judges who,

individually, have the necessary patience, tact and

vision for handling such difficult cases; and also

comprising the necessary social service back-up, and the

appropriate

physical

facilities,

incorporating

reasonable level of privacy and informality. The second

is the early enlargement of the already established (in

Dublin*) Family Mediation Service (see May, 1986,

Gazette

). Anything that can be done to reduce the areas

of conflict between parties who have found themselves

in unhappy matrimonial situations is to be desired.

While some lawyers are naturally sceptical of the inter-

vention of mediators there must be few lawyers who

would not welcome a lessening of the pressures brought

on them by matrimonial cases. The involvement, with

the co-operation of both parties, of a trained family

mediator would only help in that regard.

The will of the people has been expressed in the recent

referendum, and the constitutional ban on divorce

remains. It behoves our legislators and administrators

to ensure that so far as is possible, within the constitu-

tional limitations, that sensible and humane arrange-

ments are made to cater for the effects and

consequences of the failure of marriage.

•

* located at Irish File Centre, Block 1. Floor 5, l ower Abbey Sired.

Dublin 1. Tel. Nos.: 728277/728475/728708. C o ordinator: Maura

Wa l l - Mu r p h y.