More humane family courts planned

Full text available at http://www.irishexaminer.com/ireland/more-humane-family-courts-planned-201164.html

Families and children at the centre of  legal disputes will have a more humane, less costly, and more expert court system available to them under proposed constitutional reforms.

The reforms also include possible significant changes, including limits, in relation the power of the President to refer laws to the Supreme Court.

Mr Shatter said a referendum would be held to change the Constitution allowing the Oireachtas set up new courts, including a Court of Civil Appeal, and a new Family Court structure.

It was noted that the Supreme Court was "overwhelmed" with civil appeals from the High Court, with waiting lists of up to three years and a new Court of Civil Appeal would help to address this problem.

The "fragmented"nature of the family courts were noted with the three courts — district, circuit, and high court — each dealing with separate family issues, ranging from maintenance applications and custody issues to child abductions.

The idea is to make the Irish courts more user friendly and to ensure the judges are trained to meet the demands of the area. Mr. Shatter stated that "It is  important the judiciary have special skills, so when individuals go to family court, they know there’s going to be a degree of consistency of approach."  

The new system would also enjoy the support of welfare and mediation services which may often provide alternatives to court. Statistics have shown the volume of  family law cases and matters involving children and protection of children which are going through the court. It was reported that the District Courts dealt with up to 500,000 criminal and 110,000 civil cases in the last year. Of these cases, about 30,000 were related to family law. These overcrowded and over burdened courts are not always the ideal place to deal with matters which have an impact on so many peoples lives. The stress caused by adjournments and delays can lead to increased hardship and stress for all involved.

At Brophy solicitors we believe that the support which these alternatives to court could offer to the courts system cannot be over estimated. Legally binding agreements may still be reached but in a way whereby all the parties interests and concerns are considered and solicitors for both sides can offer guidance and support in arriving at a mutually acceptable conclusion.

Brophy Solicitors

18.07.12