The impending Family Courts Bill, which aims to relocate divorce and separation cases involving property values up to €1 million to overstrained District Courts, could lead to an unfair multi-tiered legal system and potentially harm families, according to legal professionals. A survey by the Family Lawyers Association of Ireland (FLAI) reveals that an existing excessive workload renders District Courts incapable of handling their current family and childcare cases, and the new legislation could exacerbate hearing postponements. The survey, which had a response from more than 90% of the 241 participants, also found that District Courts are inadequately equipped for ongoing family cases, significantly those concerning domestic abuse. One participant disclosed a shocking incident at the busy family courtroom complex in Dublin’s Dolphin House.
Solicitor Sandra McAleer expressed her concerns at the report’s release on Wednesday, describing Dolphin House as unfit for its purpose. Four police officers were assigned there in response to various incidents, and McAleer urged the Justice Minister to personally witness the situation they’re dealing with. She mentions that judges work up to 8pm to conclude cases and delays in attaining child reports as stipulated under section 32 of the legislation can lead to case durations extending up to two years.
Transferring an additional 6,000 divorce and separation cases per year onto the District Court’s current workload could result in children’s exploitation, McAleer warned. Furthermore, Retired District Court judge Dermot Simms voiced his beliefs that district judges lack the necessary comprehension of company and trust law to tackle divorce and separation cases as per the proposed Bill; they would need additional resources, he stated.
This legal conference was organised by The Bar of Ireland in protest against the proposed legislation, and featured various legal experts including Bar Council chair Sara Phelan SC; Paul McCarthy SC, Chair of the FLAI; Family Law solicitor Keith Walsh SC; and barrister Caroline Counihan, legal adviser to Safe Ireland.
The Family Courts Bill proposes to implement a ‘two-level’ system which barristers argue could be detrimental to those seeking divorce or a binding separation order. The results of a recent survey showed that over 90% of participants stated their concern that the District Court isn’t a suitable platform for cases relating to love, marriage or cohabitation disputes due to the adverse effect on the litigants’ experience within the justice system, particularly focusing on the family nucleus.
A substantial 86% perceived that the proposed changes could protract the legal process and nearly half believed that it would raise costs for the litigants. Mr McCarthy shared that numerous divorce or separation cases conclude in a final settlement which is reached within a quarter of an hour in the Circuit Court, indicating that the act of granting consent is frequently the concluding stage of an unnoticed process, which is typically extensive and critically analysed.
Mr McCarthy further argued that the logistics required for such cases are adequately catered by the Circuit Court, including effective case management. He added that enhancements could be made within the Circuit Court framework incorporating not only better judicial assets and support staff but also digital modernisation of certain operations and supplementary resources for Section 32 reports.
Mr McCarthy made a practical comparison by affirming that no other dispute worth one million euros heads to the District Court. However, in the majority of households, the most significant contention, the family residence, would be directed to the District Court under the proposed law.
Some argue that these changes would help to reduce legal expenses, and any resistance against it shows a tendency towards “protectionism” by solicitors, which is not reflected in the data analysis. He suggested that systems that lack efficiency escalate costs rather than lowering them.
Ms Phelan expressed her satisfaction that the Justice Department is keen to discuss matters with lawyers over concerns raised. Meanwhile, Ms Counihan highlighted her satisfaction with the bill’s beneficial aspects like dedicated family courts, but was anxious about the negative impact of assigning divorce or separation cases to the District Courts on the delay experienced by domestic violence survivors in getting their cases addressed.
A solicitor operating in Naas, Mr O’Connor, reflected on his decision to stop practising family law in the District Court. He explained the volume of other cases renders it impossible to get cases related to family law heard there and clarified the blame does not lie with the judges.