The high number of lay litigants in contested family law cases should give rise to concern over the costs of legal representation for people who need it, according to the author of new research into the operation of the family law courts.
The number of lay litigants - those who represent themselves in court without legal representation - has increased dramatically in this area of law in recent years, due, perhaps, to the cost of legal representation.
Carol Coulter, the author of Family Law Matters, said there was little concrete information on costs, but noted that judges were now regularly seeking that costs be included in a litigant's affidavit of means - or money they have available - but this practice was not universal.
"It would appear that costs in this area vary widely, not only in accordance with the complexity of cases, but also in accordance to the legal teams engaged by litigants," she said.
The new research into the operation of the family law courts was made possible by changes to the in camera laws contained in the Civil Liability and Courts Act 2004. This allows the research and recording of cases provided the identity of the parties remains anonymous.
The Courts Service said yesterday the reports were designed to "shine a light on family courts and to dispel myths and misunderstandings which may exist" on the subject.
Speaking at the publication of the report, Tánaiste and Minister for Justice Michael McDowell said the area of family law was particularly sensitive given that it dealt with delicate and complex matters often involving children.
He said the laws on reporting such cases were changed to address the serious lack of information available. He had agreed to changes to the in camera rule as long as the confidential nature of the cases was respected.
"I consider this safeguard to be of particular importance given the increasing competitiveness in some elements of the media to sell copy, while sometimes taking very little account of personal sensitivities.
"Reporting of general trends in family law cases must, of necessity, be based on a considerable number of such cases and this will take time to emerge.
"However this report, alongside other research currently in progress, is the commencement of an information flow on family law cases which will greatly assist future policy formulation in the family law area."
The Chief Justice, Mr Justice John Murray, said the secrecy surrounding family law cases, which is designed to protect the privacy of those involved, has often given rise to criticism.
"It is no surprise that the public wants more information on the application of family law. After all, family law touches on some of the most discussed and important aspects of Irish society including divorce, separation, domestic violence and the guardianship and custody of children. It affects thousands of people every year."
Mr McDowell also said yesterday that it had become clear that reports of family law proceedings did not benefit from absolute privilege. As a result it was unclear whether a reporter may have access to documentation in proceedings, such as pleadings and settlements.
He said he planned to address the issue in the Seanad this week by way of an amendment to the Defamation Bill and to make provision in the Civil Law (Miscellaneous Provisions) Bill 2006 to clarify the issue of access to documentation.
Ms Coulter was appointed last year by the Courts Service to produce a series of reports on family law cases. Yesterday's is the first of several to be published during a year-long pilot programme.
