Written answers

Tuesday, 30 June 2020

Department of Justice and Equality

Courts Service

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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331. To ask the Tánaiste and Minister for Justice and Equality the procedures and steps that a person must take to get emergency access to the family law courts in view of the ongoing difficulties being experienced by family court applicants trying to get access to their children following previous court orders. [13614/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. The scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges.

To be of assistance, I have had enquiries made with the Courts Service who have confirmed that anyone with an urgent family law application can contact their local court office by e-mail or telephone and arrange an appointment.

While I appreciate the concerns that the public health emergency is causing for many families in relation to court orders for access, setting the terms of court orders and related proceedings are matters proper to the judiciary. Neither I nor my department are involved in such matters.

It is important to point out first and foremost that court orders in relation to access remain in place and the restrictions brought in to tackle Covid-19 do not stop them being implemented.

During this time, however, there may be instances where it is impossible for couples to adhere strictly to the terms of an order and the HSE has issued detailed guidance on Covid-19 which includes information for people with particular health risks.

The President of the District Court recently clarified that parents could come to mutually agreed arrangements for alternative contact, which could involve phone calls, or skype etc., such agreement being noted by email or text message.

It is also important to note that if parties cannot agree on an alternative arrangement, mediation services are still available and should be used. The Family Mediation Service of the Legal Aid Board is offering free telephone mediation and conflict coaching. More details about this service can be found at www.legalaidboard.ie, while other free parent support services which provide help and advice are available from www.onefamily.ieand www.treoir.ie.

The judiciary and the Courts Service have advised that the District Court will continue to hear urgent matters in all District Court districts throughout the country as before. Urgent matters have been extended to include additional areas in Criminal, Family, and Child Care Law.

In the area of Family Law the President of the District Court announced on 8 May details of matters which can be dealt with. These include the following:

- Domestic violence applications,

- Applications and hearings for breach of maintenance or access that have occurred during the emergency period or applications and hearings for temporary guardianship orders,

- Remote call-overs and hearings may be conducted in some courts,

- Consent orders that do not require the hearing of evidence may be applied for by email by the applicant’s solicitor exhibiting consent in writing from the respondent’s solicitor. Following consideration by an assigned judge, orders will issue from the Court Office as appropriate without the need for the parties or their legal representatives to attend court.

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