Minister McEntee receives government approval to publish Family Court Bill and first National Family Justice Strategy
Published on
Last updated on
Published on
Last updated on
Minister for Justice Helen McEntee has received government approval to publish the Family Court Bill and the first National Family Justice Strategy, marking a significant step towards reform of the Family Justice System and improving access to justice, as committed to by the Programme for Government and Justice Plan 2022.
These reforms will be supported by the construction of a purpose-built Family Law Court complex at Hammond Lane in Dublin. It will replace the present inadequate and fragmented facilities for family law in central Dublin at Dolphin House, Chancery Street, Phoenix House and in the Four Courts.
The Family Court Bill will create a new dedicated Family Court within the existing court structure.
The Bill also provides for court procedures that support a faster and less adversarial resolution of disputes.
Minister McEntee said:
“It is a difficult but common reality for families to find themselves dealing with the breakdown of a relationship or trying to resolve a custody or maintenance issue for a child.
"These interactions often take place when people are personally at their most vulnerable - and unfortunately, the family justice system today does not always offer a smooth transition through these changes in a family’s life.
"Long waiting times to access the court, multiple journeys to court buildings as well as overly bureaucratic processes, a lack of available information about the system, and at times high legal costs add to the already heavy burden of stress on families.
“I am determined to overhaul the operation of the family justice system, to ensure we have a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This is a key commitment in my Justice Plan 2022 and today marks an important milestone in that process.”
The main reforms in the Bill are:
The Bill will provide a set of guiding principles to help ensure that the Family Court system will make the best interests of the child a primary consideration in all family law proceedings, operate in an efficient manner, and encourage active case management by the courts.
The courts, legal practitioners and parties to family law proceedings will be required to have regard to these principles.
The key principles include:
Minister McEntee added:
“The Family Court Bill will form an intrinsic part of the reform of the family justice system and will provide many of the building blocks essential to these reforms.
“The Bill will create new dedicated Family Courts as divisions within the existing court structures, with Family Court judges assigned on a full-time basis.
"The Bill will provide that specialist knowledge, and ongoing professional training in the area of family law will be required to be appointed as a family court judge.
“The Bill will also provide a set of guiding principles to make the best interests of the child a primary consideration in all family law proceedings, to help ensure that the Family Court system will operate in an efficient and user-friendly manner, and to encourage active case management by the courts.
“The construction of a purpose-built Family Law Court complex at Hammond Lane is core to achieving the transformation of the family justice system. The complex will be built with the specific needs of family law court users in mind and will provide a modern facility where family law cases can be held in a dignified, secure and non-threatening environment with a range of support services at hand.”
A Family Justice Oversight Group was established to develop the first national strategy for the reform of the family justice system and to support the legislative changes proposed in the planned Family Court Bill.
Through the implementation of the goals and actions in this Strategy, Minister McEntee envisages that:
Speaking at the launch, Minister for Social Protection and Rural and Community Development Heather Humphreys said:
“These reforms will be of particular importance to those on low incomes.
"The Strategy emphasises the need to provide more information and supports to people, which includes encouraging the use of less adversarial solutions to help resolve disputes.
"It also emphasises the importance of those working with children and families across the justice system being trained and supported to engage with them.”
Speaking at the launch, Minister of State for Law Reform James Browne said:
“The Family Court Bill and the Family Justice Strategy will together modernise our family justice system.
"It is very welcome that the strategy and the Bill recognise the importance of putting children at the centre of family justice in matters which affect them, and adequately hearing their voice in the family justice system.
"These reforms come on the back of significant stakeholder consultation, including with children and young people, which means the reforms will be informed by lived experience - I think this is incredibly important to ensure that our systems are effective and responsive to the needs of users, and crucial to improving access to justice.”
Webpage: