The Courts Service has just published the third report of its pilot project on the workings of family law. It focuses on the caseload of the District Court where almost 80 per cent of family law issues are dealt with. These are also usually the most urgent - women or elderly parents seeking protection from violent partners or adult children; fathers applying for access to their children; mothers pursuing maintenance which has not been paid; and, of course, the HSE seeking to intervene in families where the children are at risk.
The statistics contained in this third publication underline the sheer scale of family problems within our society. Almost 10,000 people sought the protection of the courts from domestic violence in 2006, an increase of about 400 on the previous year. Even allowing for a few of the same people making different applications to the courts, many victims suffer for years before reporting violence to anyone.
Flesh is put on the bare bones of the statistics in the details of cases contained in the report. They show that no age group has a monopoly on the role of either victim or perpetrator: a man in his 70s had to be restrained from attacking his wife while a protection order was granted against a young man who threatened his parents and disabled sister. Foreign nationals are seeking court protection also.
Battles over custody of and access to children are also fought out in the District Court. Despite some claims to the contrary, this report shows that only 3 per cent of applications for access, and a similar proportion of applications from unmarried fathers for guardianship, are refused by the courts. About a quarter are withdrawn or struck out, either because the applicant changed his mind (usually men seek access and guardianship), or was not present in court when the matter came up.
The report also suggests that the District Court is groaning under the weight of the demands on it. One judge is shown regularly to have 70 cases on his daily list. Despite the very best efforts of judges and court staff, it will be impossible to give everyone on such lists the full attention they deserve. This issue needs to be addressed urgently by politicians and policy-makers.
This report, in common with its two predecessors, gives an insight into the reality of the family courts. It shows that much family law involves people of limited resources in difficult circumstances, struggling to cope as best they can. Often alcohol and drug abuse lead to both the break-down of relationships and the neglect of children. The courts are left trying to pick up the pieces.