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Family Courts Bill passes all Oireachtas stages

The Family Courts Bill 2022 has passed through both Houses of the Oireachtas (7 November).

The legislation will provide for the establishment of family court divisions within the existing court structures, a Family High Court, a Family Circuit Court, and a Family District Court.

Specialist training

Judges who have specialist training or experience in dealing with family law matters will be assigned to the Family Courts divisions on a full-time basis.

Justice minister Helen McEntee said she had worked to make family justice processes safer, cheaper, more efficient, and less adversarial.

“For those involved in family law cases in the courts, the current system is far from satisfactory and can, at times, make what is already an incredibly emotionally challenging experience seem even more difficult.

“The Family Courts Bill provides for new, dedicated family court structures which will support those who need to reach a resolution to issues such as relationship breakdown, custody and guardianship arrangements, and maintenance payments.

“Children will be put front and centre of the newly reformed family justice system.

“The Bill contains a set of guiding principles for the family court system, making the best interests of the child a primary consideration in the conduct of all family law proceedings, operating in an efficient and user-friendly manner, and encouraging active case management by the courts,” she said.

Key reforms include:

• Establishment of Family Court as divisions within the existing court structures,
• Assigning of suitable judges on a full-time basis to the Family Court divisions,
• Creation of new positions of Principal Judge of Family High Court, Family Circuit Court, and Family District Court, to ensure proper and effective management of these Courts,
• Ongoing professional training for judges,
• Allowing for joint applications to be made for judicial separation, divorce, and dissolution of civil partnership, and supporting mediation and alternative dispute resolution in such cases.
• Guiding principles for conduct of family law proceedings, which are directed at ensuring the best interests of the child are a primary consideration, encouraging mediation – where appropriate – and that as far as possible proceedings are accessible and user friendly.