Proposed Family Law Reform Keith Walsh provides a brief overview on Family Law Justice System Reforms announced by Minister McEntee on the 29th September 2020 and published as Family Court Bill General Scheme (September 2 2 )
Summary A summary of the reforms announced are as follows: Specific commitments include promises as follows: a. Families to be put at centre of new family law justice system in reforms announced; b. Draft of new Family Court Bill approved by Cabinet Tuesday 29 September, Family Court Bill eneral Scheme (September 2 2 ) published on justice.ie; c. Family law will get new specialist divisions within current Court structure i.e. separate Family Law District, Circuit and High Courts within the current system but with new Family Court procedures with the aim of less adversarial dispute resolution and a new family law rules committee to deal with all family law jurisdictions to ensure consistency of approach; d. Proposal to create new Family Districts and Family Circuits. These new Circuits and Districts may or may not follow the current Circuit and Districts or may create larger family law circuits; e. Family courts to be overseen by a ‘principal judge’ in District, Circuit and High family courts President of each Court still in place f. Specialist knowledge and training now essential for family court udges it must be said many family court judges already have specialist knowledge and training g. A R (Alternative ispute Resolution) and more effective court process part of reform h. Access to supports for families in family law disputes promised. No detail on allocation of resources or specifics on the supports i. Plans for consent cases to be dealt with by the District Court in judicial separation, divorce and cohabitation cases where previously Circuit/High only; j. Greater access to court documents currently restricted by in camera rule which relates to cases before the court; k. Family Justice oversight group chaired by Department of Justice senior civil servant includes judges, Courts Service, Legal Aid Board, Dept. of Children and outh Affairs. No mention of stakeholders or Law Society or Bar Council. 32 the Parchment
Practical changes for Divorce, Judicial Separation and Civil Partnership and Cohabitation cases: • The General Scheme proposes to change the jurisdiction of the courts in judicial separation, divorce and dissolution of civil partnership, cohabitant proceedings, to enable jurisdiction to be exercised by the District Family Court and Circuit Family Court. The District Court may be permitted to rule consent Divorce, Judicial Separation and Cohabitation cases in addition to the Circuit Family Court. • It appears the High Court is losing its concurrent jurisdiction in judicial separation, divorce and dissolution of civil partnership, cohabitant proceedings which it concurrently holds with the Circuit Court.
Positive: (i) Reform needed but also resources . (ii) any proposed reforms are very progressive.
Negative (i) Immediately obvious issues for court users in relation to dealing with more family law cases in the District Court given the already oversubscribed District Court. If consent divorce, judicial separation and cohabitation cases are to be added to the District Court jurisdiction then it is likely to be even more oversubscribed. (ii) iven the length and complexity of most family law disputes appearing before the High Court it would make sense for these cases where value of property involved is in excess of €3 million to remain in the High Court in respect of judicial separation, divorce and dissolution of civil partnership, cohabitant proceedings. Figures from the latest Court Services report indicate that in 2019 only 15 applications for divorce and 23 applications for judicial separation were made in the High Court. (iii)Family ustice versight roup tasked with driving this project of Family Law Reform will be composed entirely of public servants. No N s other stakeholders or members of the Law Society, Bar Council or Family Lawyers Association. Given
