The Gazette 1982

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE

June 1982

Vol. 76 No. 5

Comment.

In this issue . . . Comment

• • •

75

. . . Family Conciliation I T IS probably fair to say that there are very few solicitors who find themselves involved in Family Law cases who would not prefer to be doing some other type of work. This is so, particularly, because ofthe demanding and very stressful responsibility of having to deal with people (wives or husbands) who are at their most emotional—with anger, bitterness, retribution and self-pity unfortunately a common ingredient of almost every case. If the emotional factor were absent, solicitors would be happy enough to deal with the purely legal aspects ofthe consequences of the separation of married couples. It is in this context that a look at the functions of the Bristol Courts Family Conciliation Service is worthwhile. The Law Society was fortunate to have at its recent Sym- posium (entitled "A Matter of Matrimony") a very experi- enced Conciliator from that Service and an outline of what that Service provides is contained elsewhere in this issue. Those who, quite rightly, call for the implementation of the ideal of a properly constituted Family Court, independent of the other Courts, with exclusive jurisdiction in all family law matters and with qualified welfare support staff, would do well to look at the Bristol experiment. Progress towards the ideal has to start somewhere and where better to start than by recognising that the involvement of lawyers in family law cases, operating the existing accusatorial sys- tem, has to be the wrong way to resolve such disputes because, apart from the strain on the lawyers concerned, the long-term emotional effects on the parties themselves and the children involved, generated by a system which neces- sarily involves charge and countercharge, is immeasurable. Lawyers try their best within the professional constraint of acting in the perceived interest of only one party, to bring about settlements, sometimes despite their clients' transi- ent wishes, particularly where the unfortunate children, represented by no-one, are the pawns in the parties' blood- letting! How much more humane and satisfactory it would be if there was a conciliation service available, staffed by quali- fied social workers and marriage guidance councillors, allied to some knowledge of the law, to help the parties themselves to come to terms with the realities of separation and the desirability of coming to terms as amicably as pos- sible on the issues of custody of and access to children, maintenance and division of property. How much more efficient that form of conciliation than the pressurised 'con- (Continued on P. 105) 99

Powers of the Police

191

1 06

AIJA 1982 Congress

Architects'Certificates

197

Feeding the Estoppel

197

1 08

Guide to the Planning Acts

1 09

Wills Week

1 10

Practice Note

1 1 1

Minutes of Half Yearly General Meeting

^ 2

Telex Charges

A Matter of Matrimony Society's Award to Young Journalists

1 1 5

Law and Order

^ 5

1 16

Book Review

1 1 7

1

Correspondence

^ 8

Professional Information

Executive Editor: Mary Buckley Editorial Board: Charles R. M. Meredith, Chairman John F. Buckley Gary Byrne William Earley Michael V. O'Mahony Maxwell Sweeney Advertising: Liam Ó hOisin, Telephone 305236 The views expressed in this publication, save where other-wise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. Published at Blackhall Place, Dublin 7.