Remarks on cases involving partners clarified

Mr Justice Esmond Smyth, president of the Circuit Court, has issued a statement to clarify comments he made in court last Friday…

Mr Justice Esmond Smyth, president of the Circuit Court, has issued a statement to clarify comments he made in court last Friday about cases involving non-marital couples.

Cases regarding the sale of property of non-marital couples not involving children would not be heard in private, the statement said. Irrespective of marital status of parents all applications in relation to children were dealt with in private, the statement added.

Mr Justice Smyth had outlined on previous occasions that cases involving non-marital couples and the sale of property, which are sometimes associated with applications in relation to children, could more conveniently be heard in the court list of judges who are accustomed to dealing with similar issues on a daily basis, the statement added. Such lists might include the Family Law lists.

A report in Saturday's Irish Times said Mr Justice Smyth had told the court future home division disputes between cohabiting partners before the Circuit Court would be heard by judges in private.

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The report added such cases would be listed in the Family Law courts in order to show respect for the privacy of people's lives.

"Mr Justice Smyth would like to emphasise again, as he has done so before in court, that equity cases . . . not involving issues relating to children do not attract the protection of the incamera rule and can be reported in the usual way," the statement added.