Continuing our new ‘Committee Spotlight’ series, Mary Hallissey talks to Peter Doyle, chair of the Law Society’s Family and Child Law Committee

The Family and Child Law Committee is currently working on several issues on behalf of practitioners, most importantly the upcoming Family Courts Bill, on which a lot of background work is being done in alliance with a broad coalition of interested groups, along with the legal profession itself.

Committee chair Peter Doyle understands the onerous nature of family-law practice and the toll it may take on practitioners: “Family law is a difficult job, and our door is open. We always are more than happy to speak to people about any issues that people think need to be examined.”

The work in family law is hard, and the financial rewards may not always be commensurate with the effort put in. Long conversations with clients may only deal with matters of law for mere minutes, while the emotional toll of their situation takes up the bulk of the conversation, he points out.

Peter is keen for family-law practitioners to get in touch with the committee and to avail of its resources. And many general practitioners will also touch on family law as part of a wider scope of work.

Greater engagement from family-law practitioners across the country would allow the committee to better address the diverse issues and concerns faced in different regions.

Top priority

The committee is focused on ensuring that matters of divorce, separation, and cohabitation remain within the jurisdiction of the Circuit Court, rather than being moved to the District Court.

This is crucial for maintaining the appropriate level of judicial oversight and expertise, the committee believes.

Another priority is regulation of guardians ad litem. Although the act regulating guardians ad litem was passed in 2022, its provisions have not yet been put into effect.

“We are the Family and Child Law Committee for the very good reason that child laws are a very important area,” says Doyle.

The committee is actively engaging with the relevant department to develop and implement the necessary regulations to bring the act into operation. This is vital for ensuring that the interests of children are adequately represented in family law proceedings, Doyle said.

“We are working currently on updating section 32 and 47 guidelines for practitioners,” he added. “We have decided to look at parental alienation and to do a little bit of research in relation to that, because there are varying views on it.”

The only way is ethics

The initiative to develop a comprehensive set of ethical guidelines specifically tailored for family-law practitioners is relatively new, but substantial progress is being made.

Given the emotionally charged and contentious nature of family-law cases, these guidelines will help practitioners manage cases in a manner that avoids unnecessary escalation and promotes amicable resolutions whenever possible.

‘Ramping up’ the situation in tricky family-law matters should always be avoided, Peter Doyle said.

The goal is to promote ethical conduct, prevent escalation of conflicts, and support vulnerable clients. The guidelines will give practitioners a ‘toolbox’ in these situations.

The harmonisation of District Court practices is another key action point for the Family and Child Law Committee. There is significant variation in how different District Courts nationwide handle familylaw cases, which may create confusion and inefficiencies.

The committee aims to research and promote uniform practices across the country to streamline procedures, with the goal of making life easier and work practices more efficient for practitioners.

This will make it easier for lawyers to navigate the court system and provide a consistent service to their clients. The committee is considering partnering with an academic institution to conduct this research.

Trust in me

Pensions and master trusts is another key area of work for the committee. New EU regulations have resulted in the transfer of pensions into master trusts, often without the inclusion of contingent benefit orders, as in pension adjustment orders, which can have significant financial implications for the parties involved.

The committee has been collaborating with the Department of Justice for 18 months to draft legislation that would close this loophole and would ensure that contingent benefits are properly managed in the context of family law.

Dynamic range

The committee convenes approximately once a month. In addition to these full committee meetings of just under 20 members, several sub-committees meet more frequently to focus on specific tasks and report back.

“We have a very good dynamic – a mix of younger and older, rural and urban, with a good spread of people on the committee. We have five former chairs still on our committee, which is a strong testament,” Peter said.

The committee is also represented on the Dublin District and Circuit Court users’ group and the Civil Legal Aid Liaison Group, as well as contributing to the Review of Civil Legal Aid led by former chief justice Frank Clarke.

Peter Doyle has also just been appointed to the Family Justice Training Working Group, which is a new committee formed by the Department of Justice.

These priorities highlight the committee’s comprehensive approach to addressing the legal and regulatory challenges in family and child law.

By focusing on legislative advocacy, ethical practice, uniformity in court procedures, and the representation of children’s voices, the committee aims to enhance the effectiveness and fairness of family-law practice in this jurisdiction.

“We are always happy to deal with practitioner queries,” Peter Doyle concluded.

Mary Hallissey is a journalist at the Law Society Gazette.