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

Dolphin House, one of Ireland's busiest and most heavily burdened family courts, is an archaic building without the most basic facilities. In comparison, the criminal courts are housed in state-of-the-art buildings, the facilities in which far outshine those available in the family courts. Consultation rooms in Dolphin House are limited and hallways and doorways become places for discussion, despite the in camera rule. Sensitive decisions that impact on individuals and their children's lives are made in corners and staircases. Far too often, women who make applications to the family court have to wait weeks or months for legal representation. Why are families, often in dire need of urgent legal service, being put on the backburner?

Many judges are masters of the law, but few are specialists in any area. Judges are rarely assigned to one court. I fully support the statement made by the Minister for Justice and Equality, Deputy Alan Shatter, last weekend that we needed specialist judges. This should have been implemented years ago.

Recently I met a woman who told me about her experience in the family law court. Hers is just one of the many cases that are impacted on by the failures of the system. I will call her "Mrs. Potter". She initially went through the collaborative route with her ex-husband after separating in 2003, which process was finalised in 2012 after nine years. Unfortunately, their divorce agreement was never enforced. In 2008, five years after her initial approach to the courts, her maintenance payments stopped and one year later her children's payments stopped. She went to the High Court to seek that the divorce order be upheld. Her husband hired a top lawyer, while she was represented by the legal aid service.

Without resources, she resorted to selling basic possessions to provide the basic necessities for her children. The legal system she encountered was one of constant adjournments, brief hearings and increased acrimony. It followed her children through their education. As a testament to the dire legal system, the couple sought an agreement outside the courts owing to the emotional torment and stress being causing to their children. If the legal system was working efficiently, the wife would have had a fairer outcome and would not have had settled for the sake of closure. This shows just one facet of how outdated the family law courts are. It is a shame that a mother with three children who need her constant attention had to put her focus, money and time into a crumbling court system that appeared to have little or no interest in her well-being.

Ten years is too long for anyone to have to wait for his or her matters to be settled and the emotional and financial difficulties in cases like this should arise for no one. I am aware of at least 30 women who have cases being dragged through the courts in fighting for maintenance. I find it strange that many wealthy men will fight tooth and nail to prevent their wife or partner from seeking basic money to feed, clothe and educate their children. Often maintenance will be granted, yet a few months later the partner will renege on this contract.

I turn to the issue of domestic violence. A study conducted by Women's Aid indicated that many victims of domestic violence had nowhere to go. If an application is sought on a Friday night, Monday is a very long time away when living in an abusive home. They feel they have no way out because they cannot afford to abandon their homes. Women and children who do not have a safe place to go to when they are in a dangerous domestic environment should be a top priority when considering reform of the family law system.

The 2012 Women's Aid report stressed that women often feared going to court or applying for orders under domestic violence legislation because the court system was too technical, unfriendly and unfamiliar to women. The courts should be places where victims of domestic violence, as well as families, can come and be treated as human beings with the utmost care and respect. A woman cannot afford to make serious life decisions that will affect both her future and that of her children in a stairway or a tiny office.

I welcome the Minister's proposal to amend the in camera rule. I know there have been some criticisms in the media, but it is appropriate because there will be no place to hide for the perpetrators of domestic violence or fathers who do not want to pay maintenance.

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