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Divorce Process

Dáil Éireann Debate, Wednesday - 19 January 2022

Wednesday, 19 January 2022

Questions (1270)

Paul Murphy

Question:

1270. Deputy Paul Murphy asked the Minister for Justice if in relation to legal support for divorcing couples, her Department will make changes (details supplied); and if not, the reason. [1652/22]

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Written answers

Issues concerning child maintenance are being considered by the Child Maintenance Review Group established by the Department of Social Protection. However, I can assure the Deputy that family law reform is a major element of my Department's work. 

The forthcoming Family Court Bill intends to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes in specialised centres.

This significant piece of legislation will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system.

The Family Justice Action Plan will set out a high-level vision and key medium and longer-term objectives for the development of a national family justice system.  There has been significant consultation by the Family Justice Oversight Group, including with members of the public who have engaged with the family justice system. This Strategy, along with the Family Court Bill, will start the process of reforming the current system, and will seek to improve the experience of all those seeking a resolution to their family justice issues.

At present, the Legal Aid Board offers free mediation services where parties cannot agree on the terms for their separation or divorce, parenting and/or maintenance issues. The Legal Aid Board's Family Mediation Service has remained open at every level of Covid-19 restrictions. It offers a blended service of room based, telephone, and online video mediation, depending on the needs of the clients. People are facilitated to resolve their issues and negotiate their own terms of settlement.

In relation to the provision of Legal Aid, as you will be aware, I am committed to undertaking a review of the Civil Legal Aid Scheme. I am currently working to finalise the mode and terms of reference of the review.

As part of the review process, it is intended that there will be significant consultation. This will ensure that the insights of a range of stakeholders regarding the operation of the scheme – and how best to support those of insufficient means with legal needs – will inform the work of the Review Group. The review may also contain a research element which could, among other things, identify international approaches to supporting people with legal assistance needs. It is envisaged that the Review Group will commence its work in early 2022.

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