Groups warn of 'rough justice' in family courts unless changes are made

Minister for Justice, Helen McEntee, has been called on to 'look again at changes that need to be made in respect of the Bill'.

A failure to introduce changes to the Family Law Bill 2022 will result in children, couples experiencing relationship breakdown, and survivors of domestic violence continuing “to face rough justice in the family courts”, an umbrella group of organisations is claiming.

The bill aims to establish a Family High Court, Family Circuit Court and Family District Court as divisions within the existing court structures as part of a major reform of the family law service generally.

It is currently going through the Seanad.

In April, the Bar Council of Ireland and the Family Lawyers Association expressed concerns about elements of the bill.

Now, NGOs including Women’s Aid, the Law Society of Ireland, Rape Crisis Network Ireland, One Family, Safe Ireland, Treoir, Dublin Solicitors Bar Association, Cork Family Lawyers Association, and Clinical Assessors in Family Law Ireland CLG say there is need to address three areas in the legislation. They are calling on the Minister for Justice, Helen McEntee, to “look again at changes that need to be made in respect of the Bill”.

While supporting the “broad intentions of the bill”, the group said the Family Courts Bill should include a guiding principle which deals with safety for all parties, including safe outcomes and safe processes to prevent further traumatisation at an extremely difficult time in their lives.

It said that while Alternative Dispute Resolution (ADR) is a necessary, and often positive, tool in family law cases, when properly resourced, there are circumstances in which ADR cannot be expected to be utilised. This includes cases involving domestic violence, which includes sexual violence within a relationship and coercive control. Those exceptions need to be explicitly stated in the Family Courts Bill.

It said that the Family Courts Bill should be amended to retain divorce, separation, cohabitation, and civil partnership cases in the Circuit Court and also to invest in reform of the existing District Family Court.

Clíona Saidléar, executive director, Rape Crisis Network Ireland, said that people who have to use the family court are “particularly vulnerable, and their experiences navigating the system can be unnecessarily difficult”.

She stressed: “Survivors of sexual and domestic violence, including children, must be at the centre of family courts reform. This means the process must be accessible, with each stage easily understood and meaningful, these stages should be dealt with promptly, the expertise should be appropriate, and users should not be asked to pay for court ordered assessments.”

She continued: “Amongst many challenges faced by those navigating this system, delay in the system, is one of the most impactful. Part of the answer is increasing capacity and resourcing, the lack of which is exacerbating the problems inherent in the system. This Bill’s proposed solution to utilise the District Courts more is concerning given the volume and complexity of family cases that will be transferred to it. We can see many risks in this proposal alongside highly uncertain wins.”

Peter Doyle, chairperson of the Law Society’s Family and Child Law Committee, said the shared concerns of the different groups who have come together to share concerns about the legislation “should send a clear signal that it is not yet fit for purpose”.

He added: “Our proposed amendments to the Bill, which are based on each organisation’s unique perspective and needs, and direct experiences of working in the family courts, are practical and achievable. If taken on board, the eventual Family Courts Bill would truly create a better family justice system for children, families, and survivors of domestic violence, a goal we are all committed to advancing collectively.”