Oireachtas Joint and Select Committees

Tuesday, 25 October 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Enforcement of Court Orders relating to Child Maintenance, Access and Custody: Discussion

Dr. Geoffrey Shannon:

I share the views articulated by Mr. Garrett. There are three aspects to this matter. The court buildings are only one third of the issue. The infrastructure is a key consideration. Creating a new set of buildings is not going to deliver reform. The support systems that are in place will deliver reform. I would prefer we did not establish a family court system unless it is properly supported. The success of the family court system will be dependent on the support systems that are put in place. Those systems include counselling and mediation services, those wraparound services. The third, and equally important, point is to explain why we are having these delays. We need fundamental procedural reform to address how cases are dealt with. There needs to be a root-and-branch review of the procedural issues at both District Court and Circuit Court levels.

I have a huge amount of sympathy for District Court judges who are dealing with a large number of cases. It must be remembered that in a child and care context, the most important decision one will ever take in a case is to decide whether to take a child into care. Yet, that is dealt with at a District Court level. That is all very well but we need to make sure that the supports are in place. I would articulate that as well as new buildings, we need the infrastructure and we need fundamental procedural reform.

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