The relocation of family law cases involving divorce, separation and cohabitation to an “overburdened” District Court setting will have negative consequences for those involved, a group of nine NGOs and legal organisations has warned.
The collective consists of Rape Crisis Network Ireland, Women’s Aid, Safe Ireland, One Family, Treoir, the Dublin Solicitors Bar Association, the Cork Family Lawyers Association, Clinical Assessors in Family Law Ireland CLG, and the Law Society.
It has called for a reconsideration of the Family Courts Bill 2022 across a number of areas, citing concerns for vulnerable members of society reliant on the legal system.
In particular it has asked that divorce, separation, cohabitation, and civil partnership cases remain within the Circuit Court system and that the existing district family court be reformed.
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The district is the lowest tier court. Concerns have previously been raised by lawyers that its significant caseload means they already lack sufficient time to deal with family and childcare cases on their lists, and the proposed legislation would increase hearing delays.
“Among many challenges faced by those navigating this system, delay in the system, is one of the most impactful. Part of the answer is increasing capacity and resourcing, the lack of which is exacerbating the problems inherent in the system,” said Clíona Saidléar, executive director of Rape Crisis Network Ireland.
“This Bill’s proposed solution to utilise the district courts more is concerning given the volume and complexity of family cases that will be transferred to it.”
It has asked the Government to simultaneously examine what it refers to as inadequate facilities in the family courts, noting waiting areas and processes to protect children and couples experiencing relationship breakdown, and survivors of domestic violence.
In some circumstances, it argues, Alternative Dispute Resolution (ADR) “cannot be expected to be utilised”, such as cases involving domestic and sexual violence, and coercive control. “Those exceptions need to be explicitly stated in the Family Courts Bill.”
However, an extended use of district courts to deal with sensitive cases draws particular concern – further reliance on an “already over-burdened and over-stretched” system, the group argues, “will make things worse, not better”.
Ms Saidléar said the experiences of many navigating the system can be unnecessarily difficult and that survivors of sexual and domestic violence, including children, must be at the centre of procedural reform.
Peter Doyle, chairman of the Law Society’s Family and Child Law Committee, said the shared concerns outlined by the group should send a clear signal the proposed legislation is not yet fit for purpose.
“We want to make the system better, not worse,” he said. “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 us.”
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