Reform of the Irish family courts system

Abstract

Access to the law and to the courts is an essential part of the rule of law in any democratic society. This right must not be ‘theoretical or illusory’ but rather should be ‘practical and effective’ as declared by the European Court of Human Rights in Airey v Ireland [1979] 2 E.H.R.R. 305. Ireland’s family law courts are in serious need of reform. Delays are problematic, the system is expensive and the courts do not appear to operate efficiently or coherently. Concerns have also been expressed at the continuing use of an adversarial model in this sensitive and complex area of law. Due to concerns that the current family court system is not fit for purpose, the Government has promised reform. The aim of my research is to develop a model of Irish family law courts drawing on international experience with a view to supporting progressive reform in this area.