Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of the Family Law System: Discussion

Ms Julie Ahern:

On the impact of delays on families and, in particular, children, I hear directly from children who are sitting at home and wondering what is going on. For example, they know that something has happened in the family and that they will have to go to court. They know that the parents are going to court on the Friday, which happens, and they think that the matter will be resolved but it is not. They do not know what is happening. Families are going through turmoil because of the delay. I have received calls from parents who have taken a day off work without realising they would have to return. They think that they are going to go in for one day and have the case heard and sorted to allow them to move on with their lives. The delay has an impact on families and, in particular, children and the relationships they have with their parents. Sometimes, children might not be able to see one parent during the period, or they might have limited contact, or there might be arguments about when the contact can be. The impact of delays on children, therefore, is particularly significant.

The overall issue is that the system was not created with families and children in mind. It is again a matter of hearing the views of children. While it is true that the 2015 Act is silent on how the views of children are heard, the system we have created has not made a provision that the court must be a child-friendly place with child-friendly proceedings in which children can have an active position and take part if they wish. I have heard from children who have been heard through an expert but who do not feel that their voices have been heard, and they themselves sometimes want to speak with the judge. While there is no consistency, the looseness exists for a reason because every child, family and situation is different. The system needs to catch up with that reality and become more friendly for families.