Written answers

Wednesday, 8 July 2015

Department of Justice and Equality

Family Law Cases

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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123. To ask the Minister for Justice and Equality her views on the current delays in Family Court proceedings; the measures in place to deal with the current backlog; her further views on the effects that such delays and the upcoming court summer recess have on applicants who hold 12-month free legal aid certificates that are due to expire. [27834/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges. The Court Service works with the Presidents to ensure that court sittings are supported and that delays in the hearing of cases are kept to a minimum particularly in relation to the hearing of Family Law cases. During the summer recess High Court sittings are held to deal with urgent and priority matters.

In the Circuit Court, there does not seem to be any significant issues regarding delays in hearing family law cases. In the past 12 - 18 months, the President of the Court has prioritised family law and additional judges have been assigned to areas where the waiting times were considered to be unacceptable. Where cases are not dealt with within 3 - 6 months, this is often due to either one party or both parties seeking adjournments some of which may be related to the availability of legal aid. In relation to the small number of cases on hands for 12 months or more and many of these cases have actually been dealt with, but are awaiting "complete finalisation" due to ancillary issues such as pension adjustment issues or sales of property etc. Scheduled sittings of the Circuit Courts are held every two weeks in Dublin during the summer recess and judges are available in all areas of the country to deal with urgent applications.

The District Family Courts are currently working to manage the existing workload and maintain the current level of waiting times. Emergency applications such as Protection Orders are given priority. Such applications are usually granted, where the Court so decides, on the date the application is made to the Court. Typically interim barring orders which are also an emergency application are also made ex parteand granted on the date of application. There are therefore no delays in dealing with such applications. During August, two family law courts sit every day to deal with urgent applications and priority matters. In addition at least one scheduled court sitting is held every week in each District around the country and more sittings are scheduled for larger venues such as Cork. Judges are also available to hear urgent matters as required.

Aside from the emergency applications referred to above, the primary domestic violence relief is the granting of a Barring Order. When a Protection Order is granted by a Court, a barring order summons is issued. I am concerned that delays in this critical area be kept to the absolute minimum possible, and my Department and the Courts Service will be keeping this important matter under close review in the autumn.

Outside, of Dublin, Barring Order applications are generally listed for the next dedicated family law day (most Districts have at least one day per month dedicated to family law). Applications for Barring Orders are prioritised within court lists and a decision is generally made on such applications on the first listing date. Where adjournments occur they are generally granted at the request of one or both parties.

The Legal Aid Board is responsible for providing civil legal aid in the State. With the exception of a very small number of cases it is not free. Most clients pay a contribution for legal advice and a further contribution if they require representation in court.

The Civil Legal Aid Act 1995 provides that a person shall not be granted legal aid unless the person is granted a legal aid certificate in respect of the legal aid sought. When a person is granted a legal aid certificate, they have a period of one month to sign the certificate to indicate that they accept the terms upon which it is granted and to pay the contribution required, if any. Once the certificate has been validly accepted there is no “expiry date” on the certificate and it remains valid for the duration of the proceedings for which it was granted, i.e. until the order sought has been granted or refused, judgement has been delivered, or the case is settled.

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