The Family Courts Bill 2022 Key Features

by Matthew de Courcy, Partner.

The Family Courts Bill 2022 has passed through both Houses of the Oireachtas (7 November).

The Family Courts Act will provide for the reallocation of jurisdiction in family law proceedings between the Family Courts, permitting the District Court for the first time, to deal with divorce and judicial separation proceedings, in certain circumstances.

Other key reforms include:

1. Establishment of the Family Court as divisions within the existing court structures.
2. Assigning of suitable judges on a full-time basis to the Family Court divisions.
3. Creation of new positions of Principal Judge of Family High Court, Family Circuit Court, and Family District Court, to ensure proper and effective management of these courts.
4. Ongoing professional training for judges.
5. Allowing for joint applications to be made for judicial separation, divorce, and dissolution of civil partnership, and supporting mediation and alternative dispute resolution in such cases.
6. Guiding principles for conduct of family law proceedings, which are directed at ensuring the best interests of the child are a primary consideration, encouraging mediation – where appropriate – and that as far as possible proceedings are accessible and user-friendly.