Moving family cases to District Court an ‘abuse of children’, say lawyers

The Bar of Ireland and the Family Lawyers Association have highlighted concerns about the proposals in the Bill: Sara Phelan SC, Paul McCarthy SC, moderator Ingrid Miley BL, Keith Walsh SC and Caroline Counihan. Photograph: Conor McCabe Photography

Speaking at the publication of the report on Wednesday, Sandra McAleer, a solicitor, said Dolphin House is “not fit for purpose”, four gardaí are based there due to incidents and the Minister for Justice “should go in there and see what we have to deal with”. Retired District Court judge Dermot Simms said he believed district judges do not have the necessary understanding of company and trust law to deal with divorce/separation cases as proposed in the Bill. For the Bill to work in the District Court, the necessary resources would have to be provided, he said.

Some 86 per cent said it would lengthen proceedings and 44 per cent considered it would have a negative costs impact. No other €1 million dispute goes to the District Court but, in most families, the single biggest thing they will row about is the family home and that will go to the District Court under the proposal, he said.

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