The Gazette 1986

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE Vol. No. 80 No. 7 SEPTEMBER 1986

Courts For Family Law Cases

W 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 a 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.