Judge urges caution on divorce proceedings
The president of the district court, Judge Rosemary Horgan, and Children’s Ombudsman Emily Logan yesterday said many parents were finding themselves ill-equipped to deal with the difficult situation of a court process.
They claimed such parents were mostly appearing in court without legal representation “out of necessity” rather than choice.
The pair were speaking at the launch of an information campaign for separating parents and their children.
The initiative has resulted in the development of two short films — one for parents and one for teenage children — about key aspects of family law proceedings in the district court, as well as possible alternatives such as family mediation.
While Judge Horgan stressed that there was a lot of information online about family law proceedings, such a facility was not helpful for people who were not “technology savvy”.
Judge Horgan said she endorses the central message of the film for children, which underlines how the separation of their parents is not their fault and that their parents will continue to love them regardless.
“The choices available for resolving disputes are important and should be considered very carefully before issuing court proceedings,” she said.
Judge Horgan noted that there was much more room for flexibility when both parents resolved disputes directly or by creating a “parenting plan” through mediation.
The judge said there was evidence to show that parents were more likely to adhere to an agreement that they had helped design rather than one imposed on them by the courts.
Ms Logan said her office had received a significant number of complaints over the past nine years from children and parents about court proceedings.
While court decisions on family matters such as guardianship, custody, and access were outside the remit of her office, Ms Logan said she had a statutory obligation to promote awareness of issues concerning children’s rights and welfare.
She expressed hope that the latest initiative would offer young people and their parents helpful information about the options and supports available to them in what was a stressful and complex environment.
* The films are available on the websites of the Children’s Ombudsman and the Courts Service.
