The position is that the Programme for Government contains a commitment to establish a dedicated Family Court in order to improve levels of judicial expertise and training in family law matters and to streamline family law proceeding with a view to making them more user-friendly and less costly. While it was originally anticipated that a referendum to amend Article 34 of the Constitution might be required in order to remove any constitutional obstacle to the establishment of a separate Family Court, more recent examination of the issues arising in this context indicates that it will be possible to proceed with the establishment of the Court in a manner which does not require such a referendum. This can be achieved by establishing the family court as a separate division within the existing court structures.
My Department is currently finalising proposals for future legislation based on submissions which have been received and consultations with interested parties. I intend to bring my proposals to establish the new Family Court to Government as soon as they are finalised. The draft General Scheme will then be subject to the usual pre-legislative scrutiny by the Justice Committee prior to formal drafting of the Bill.