Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

Jackson Burnett once said, "Justice isn't about fixing the past; it's about healing the past's future". Every justice system is built on ideals. It seeks to remedy wrongs and protect the most vulnerable in society. Unfortunately, no system is perfect. The failings of the system are not the creation of any one individual and do not reflect the well-intentioned individuals within the system. Unfortunately, the very people it seeks to aid become victims to a structure that is in dire need of reform.

Nowhere is this more evident than in the family law courts. The introduction of the Courts and Civil Law (Miscellaneous Provisions) Bill 2013 is finally addressing that which needs reform. The family law court should be the last resort in the breakdown of the most fundamental unit in society, the family. Every case that comes before this court involves a unique story of heartbreak, trauma and pain. These families are at their most vulnerable when they come before the courts. In so coming, they seek a conclusion to a painful chapter in their lives. Sadly, what they typically encounter is a system in complete disarray, congested with chronic delays, endless backlogs and brief hearings. One case may come before several judges before it gets to a full hearing. It is estimated that it takes up to two and a half years to process a typical case, a figure that does not account for persistent adjournments. Is it fair that in this system hearing dates given for maintenance applications on behalf of women and children are repeatedly adjourned? Why is this allowed to occur constantly? Often there is no proper case management, which fosters a sense of chaos.

In addition to the serious disarray in the system, those involved are often burdened with great financial costs. The cost of taking a case to the Circuit Court is enormous. Often, families do not go to court because of these very expenses. The expenses an individual may have are compounded by additional legal costs, with multiple adjournments, brief hearings and multiple affidavits. The strongest of women have been worn down because of legal red tape and monstrous legal costs. The high cost of taking legal action has resulted in increased need for legal aid, a service that is already struggling under the weight of demand. The courts may fight for a woman's maintenance order but may tend to ignore how she can afford or access basic necessities for herself and her children in the meantime. Frustratingly, this ailing system can leave families devastated, emotionally and financially, by the time their cases are processed.

The family courts, whether in the Circuit Court or the High Court, are housed in buildings that are lacking in facilities. Dolphin House in particular struggles with the growing demand and has inadequate facilities and resources to process these cases.

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