Oireachtas Joint and Select Committees

Wednesday, 13 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Dr. Kenneth Burns:

I fully agree with this. I am suggesting that in terms of reform, we may have to cover many areas. Mediation is important. It will not suit everybody but if there can be an increase in the numbers going through mediation instead of through litigation, that would reduce pressure on the courts. It may then help the children because a separation could be agreed and a divorce could be granted much more quickly. The timeline under the divorce legislation will have to be reduced. Cutting out the minimum of four years will be hugely beneficial to children because the acrimony in the family is dreadful. In other areas, where matters must go to litigation, it should be fair. If one considers someone who can afford very expensive barristers as opposed to someone who cannot afford any, there must be the same legal process. Lay litigants do not have much of a chance. They enter into an area where they have no experience at all, they have no information, they do not know the procedures and they just get annihilated. In some cases, judges do not even give them time for a hearing. I agree with what has been stated to date and there must be better information, but it is complicated. There are so many weaknesses. Improvements would be brought about through a combination of all those factors and trying to reduce the numbers going to litigation in the first place.