The State has a “Rolls Royce system” for commercial law but when it comes to family law, there is “an impoverished system”, the special rapporteur on child protection has said.has urged “ambitious and fundamental” reform of the family law system so that “people most in need of accessing the legal system have the best possible system available to them”.Justice and Equality committee on Wednesday on reform of the family law system and EU legislative proposals.
“I would argue what we have is a specialised commercial court system. We’ve a Rolls Royce system for commercial law yet when it comes to the family law system which affects every citizen in this State, we’ve an impoverished system - where we have the most vulnerable members of our society trying to access a system which really doesn’t have the capacity to meet their needs,” he said.
Dr Shannon noted the intention to establish a specialised family and children’s court “but the necessary detail, resources, and implementation are now needed in order to make those plans a reality”. He said cuts to legal aid have led to proceedings which are more drawn-out, more difficult to resolve and “where adequate support is lacking”.“The time constraints faced by professionals actually cost more money in the long run. That’s something we sometimes forget, penny wise, pound foolish - I think that’s something we shouldn’t lose sight of,” he added.“There is a distinct lack of provision infor hearing children.
Dr Shannon recommended that any new family court structure must “recognise and actively promote” an interdisciplinary system to ensure effective communication.