Hugh Condron - www.familylawcentre.ie - Family Law system at risk of becoming 2 tiered


The government has recently put more resources into handling domestic violence cases, which was certainly long overdue. However, this increase in capacity is barely keeping up with our growing population and the increased demand for court services.

While the increase in capacity is a good thing, all of this progress is likely to be undone by the Family Courts Bill 2022 which is currecny before the Seanad. People who work in family law across the country are confused by the proposal in this bill to add separations, divorces, and cohabitation cases to the workload of the already under pressure District Court.

The District Court is not well-suited to handle these types of cases. Separation, divorce, and cohabitation cases are often very complex and can require many hours to resolve. The District Court is not set up to properly deal with this type of work.

The bill also proposes an arbitrary financial distinction between which cases will start in the District Court and which will remain in the Circuit Family Court. This distinction, based on a €1 million land value, will create a two-tier family law justice system that discriminates based on socio-economic and geographic circumstances. People in Dublin and surrounding counties will be more likely to have their cases heard in the Circuit Family Court, where they will get more time and attention, compared to those living elsewhere, this cannot be fair.

There is no public demand for this proposed change in jurisdiction. What people are calling for is a much better resourced family law system, where these important cases can be resolved in a calm and considered manner, with plenty of time allowed for vulnerable parties to work out issues like child welfare, housing needs, allocation of resources, income, and pensions. The Circuit Court already has the mechanisms and capacity to properly handle this type of work. 

I have provided a link to the bill HERE


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