One official family law reporter won’t be able to change the basic story

THERE has been widespread welcome for the appointment of journalist Carol Coulter by the Courts Service as its first-ever family law reporter.

However, if people think this development will improve the public’s understanding of what happens in family courts, or bring about greater consistency in decision-making, they are likely to be disappointed.

The sheer scale of family law activity at all court levels throughout the country means that one reporter can only cover a tiny percentage of all cases.

The likelihood is that Ms Coulter will concentrate on precedent-setting cases in the higher courts. The vast majority of family law cases will still remain unreported and the inconsistencies and irrational decisions, which are so common in the circuit and district courts, will go undetected. Judges will remain unaccountable for their decisions and the consequent impact on the lives of individual citizens.

The benefits of this appointment will be minimal unless it is accompanied by other more important improvements. As family law activity expands, people’s confidence in the system is rapidly eroding due to the lack of transparency, consistency and accountability. There is an urgent need for the following changes:

1. A comprehensive record of court proceedings should be kept in family law cases.

2. This record should be made available to the parties.

3. Reasoned written judgements should be made available to the parties setting out the basis on which the judge arrived at his decision. This is particularly important to enable parties to make informed decisions regarding appeals.

4. A written summary of facts, claims and arguments presented should also be made available in each case.

Mary T Cleary

Amen

St Anne’s Resource Centre

Railway Street

Navan

Co Meath