Court cannot be used for vengeance by warring couples

WARRING couples, who expect to use the family law courts to air grievances against an estranged partner, are getting short shrift.

In fact, spouses and partners who attempt to use the law to avenge an unhappy relationship run the risk of receiving a less favourable judgment.

For the most part, however, judges simply “don’t want to know” about the previous behaviour of the respective parties who come before them in separation, divorce, custody and access proceedings.

In her second report published yesterday, State-appointed family law reporter Dr Carol Coulter, said conduct was often raised to no avail in court.

“People do come to court looking for vindication of their position especially where they were badly treated by the other spouse, but the courts want to move forward, not backwards. The courts want to find a solution for the future where the parties can live independent lives,” she said.

“It can be difficult for people who might have been very badly hurt to understand that the judge actually does not want to know how badly the other person behaved.”

In one case, highlighted in her report, an elderly separated woman — who had not spoken to her alcoholic husband for 10 years, and had received no financial assistance from him for 17 years — had to borrow heavily to educate their children.

However, she was still ordered to raise a mortgage of €30,000 to buy him a site or have the court order the sale of the €230,000 family home.

By contrast, however, a wealthy businessman who brought, and subsequently abandoned, nullity proceedings in an attempt to escape his financial responsibilities lost the family house, an investment property, and other assets.

“Sometimes the conduct of an individual will be reflected in the outcome of the case but conduct is only a consideration,” said Dr Coulter. “According to the law, the conduct must be ‘gross and obvious’ and that’s hard to define.”

The family law reporter was appointed on a pilot basis, last October, in response to concerns about family law courts secrecy.

Dr Coulter can report significant cases without revealing the identities of the people involved.