Helen McEntee (Meath East, Fine Gael) | Oireachtas source

As indicated on Committee Stage, I am introducing amendment No. 3 to amend section 39. This is to provide greater clarity and certainty to those involved in family law proceedings, including legal practitioners, regarding the initiation of family law proceedings in the family law court divisions. As I stated on Committee Stage, the extension of concurrent jurisdiction to include the family District Court is an enabling measure to allow appropriate cases, especially those that are not contentious where most if not all of the issues have been fully resolved or settled between the parties, to be determined under the jurisdiction of the lower court. The Bill does not compel parties to initiate family law proceedings in the family District Court. The fact that the family District Court will have jurisdiction concurrently with the other family court jurisdictions in a broader range of family law matters provides a potentially simpler pathway for people through the family court system where the circumstances of the case are deemed appropriate for the family District Court route. In some cases, including those relating to judicial separation, divorce and dissolution of a civil partnership, a ruling by the family District Court may be all that is required to determine matters. It is not Government policy to push people into the family District Court but, rather, to enable people to avail of that pathway in appropriate situations. The circumstances of the case will always need to be considered by the parties and their legal advisers when selecting the most appropriate course.This Bill is underpinned, however, by a set of guiding principles to which those involved in proceedings in the family court at all levels must have regard. Among these principles is that the court and legal practitioners should participate in the proceedings in a manner that is just, expeditious and likely to minimise the cost of the proceedings. Similar obligations are placed on the parties to the case.

The Bill is part of a bigger family justice strategy to which the Government is working to create a modern, streamlined, user-friendly and family-friendly justice system that supports simple, easy, early, fair and, where possible, non-adversarial outcomes. The family court divisions at all levels will be properly resourced to ensure families and children can avail of proper supports during what are challenging and difficult times. The Government wants to bring family court facilities to a very high standard, and I am conscious that much work is being and further work needs to be done in that regard. The Bill is a key part of this strategy. The family justice implementation group, chaired by my Department, is working on an ongoing basis to ensure all the goals in what is the first national family justice strategy are met.

If there has been a lack of clarity regarding where court proceedings should be initiated, I hope this amendment makes it very clear that there is nothing in the Family Courts Bill that mandates that proceedings must be initiated in the family District Court where that court has jurisdiction concurrently with higher courts under the family law enactments. I am providing this clarification by means of an amendment so any concerns in this regard can be discounted. It will always be a matter for the parties, in consultation with their legal representatives, where they are legally represented, to initiate their proceedings in what they determine to be the most appropriate court. The Bill will also give discretion to the judge to transfer a case to another family court jurisdiction, either up or down, where it is determined that the matter has been inappropriately initiated in a particular jurisdiction.