Family law hearings ‘breach’ privacy act

FAMILY law cases being heard in Cork and Limerick are in breach of the Judicial Separation Act 1989, according to legal sources.

Under the act, when family law cases are being heard at a circuit court building, no other cases can be scheduled.

The condition was enshrined in the act to protect the privacy of people in family law hearings.

At present, family law cases at the circuit court buildings in Cork and Limerick often coincide with criminal and civil sittings.

A senior legal practitioner said yesterday it was a flagrant disregard for the judicial separation act.

It was pointed out the act declared the Circuit Family Court should sit at different times or on different days from those on which the ordinary sittings of the Circuit Court are held.

The family law specialist, who practices in Munster and asked not to be named, said: “What is happening at present is totally in breach of the act. People in Family Law cases have to enter and gather in the same area of the circuit court buildings in Cork and Limerick with people often with convicted criminals, awaiting sentence, and litigants involved civil cases.

“The family law sets out clearly that family law litigants must not have to face this situation. It is totally against the law and it is a situation which could potentially lead to a person taking a case to the High Court.

“The fact that the family law cases are heard in a different court room in the circuit court building does not comply with the law.

“Family law litigants in Cork and Limerick are now having to enter the same court building with people involved in criminal and civil cases and often wait in the general foyer area. This is totally contrary to the provisions of the act.”

A spokesman for the Court Service said: “The family law courts sit in different places, or times, or days, from other court proceedings in circuit court buildings. The law is clear that it may be any one of these circumstances that they take place in.

“The Courts Service has, over the last 10 years, made major efforts to ensure the quality and design of buildings and organisation of court hearings, help maintain the dignity and privacy of those seeking redress in family law disputes.

“In large county town venues — such as Limerick Courthouse — much effort, thought and money has been expended on upgrading facilities so as totally separate court rooms, consultation rooms, and waiting areas are in place for family law hearings.

“These separate family law suites are indeed different courts and a different place from other courts in large complexes such as Limerick and Cork county courthouses.”

The legal source, however, disputed the claim that family law suites constitute “different courts and a different place”.

He said: “When An Post deliver mail with family law material it goes to the same building. It is the same building and the fact that family law litigants have to gather with other litigants in criminal and civil matters in the same place, simply makes it the same place in plain English.”