“Dear Editor,
I write in response to the timely commentary by Mary Carolan, concerning ill-equipped resources to address the escalating domestic disputes in the District Court (“Distressed parents resort to courts for protection against violent adult children,” News, 23rd March). Her article raises a crucial issue of the immediate need to redress domestic violence cases, leading to a belated emphasis on additional resources for the same. However, the growing population and ever-increasing demand for court services render the added judicial capacity almost insufficient.
Despite appreciating the efforts to enhance judicial capability, it appears that the advancements made frequent may soon be upended. The reason for this lies in the proposed Family Courts Bill 2022. The Bill’s suggestion to burden the District Courts with handling judicial separations, divorces and cohabitation cases has provoked confusion amongst solicitors and barristers practising family law nationwide.
The District Court is ill-equipped to adjudicate such cases; they are inherently intricate, multi-faceted and time-consuming. Simply put, the District Court is not structured to undertake this task. The Bill’s proposal to introduce an arbitrary financial differentiation (based on a land value of €1 million) to decide which cases would be sent to the District Court or remain in the Circuit Family Court will lead to two separate family law justice systems. It discriminates based on socio-economic and geographical factors. Accordingly, Dublin and nearby county residents will have their cases heard in the Circuit Family Court, where they can expect more time and attention, contrasting those from other regions who most likely will be heard at the District Court.
This change in jurisdiction finds no support from the public; what the public seeks is a better-equipped family law system, which facilitates a comprehensive, measured approach for resolving crucial issues, such as the future well-being of children, future housing needs, resource allocation, income, and other related areas. The Circuit Court already has the necessary mechanisms and capacity to do so.”
Innumerable requests have been submitted to the Government by key interested parties such as the Bar Council, Law Society, Family Lawyers Association, among others. They are representing the concerns of their clientele regarding the imprudence of this suggested change. The arguments heavily revolve around the undeniable truth that shifting such concerns to the District Court will infrally infringe on its already strained ability to manage issues of crime, domestic abuse, traffic violations, maintenance issues and, critically, public and private child-related legal matters.
It’s paramount that for every individual in the state facing relationship dissolution, in the context of their families and particularly their children, the suggestion to change the present jurisdictions for judicial separation and divorce is reconsidered before being instituted into law. Many thanks,
Paul McCarthy, SC
Chairperson,
Family Lawyers Association,
Dublin 7.