Family Law System in Ireland - Overview and Court Processes
This webinar provides insights into the Family Law System in Ireland, covering court procedures, domestic violence issues, court orders, and more. Learn about jurisdiction, District Court, Circuit Court, and High Court, as well as the court application process. Gain valuable knowledge essential for navigating legal matters in Ireland.
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Presentation Transcript
Welcome Welcome to the Separation Network s webinar presented in conjunction with the Legal Aid Board 2.00 "Summary of the Family Law System in Ireland and What is Involved in attending Court Presented by Jacqui Lacey Followed by questions from attendees 2.50 Break for 15 minutes 3.05 "Legal Issues pertaining to Domestic Violence" Presented by Paul Pierse Followed by questions from attendees 3.50 Break for 15 minutes 4.05 " Court Orders and How They Work "? Presented by Jacqui Lacey Followed by questions from attendees End of Webinar 5.00
Summary of the Family Law System in Ireland and What is Involved in attending Court Introduction Perception of how Courts operate may differ from reality Evolution of Family Law Changes into the future Impact of COVID 19 on how the Courts operate What will not change
Why Court? Alternative Dispute Resolution Instructing a Solicitor Jurisdiction- Authority given by law to a court to hear cases and rule on matters within a particular geographical area Which Court do I go to? Which Court has jurisdiction to hear my case? Useful website - www.legalaidboard.ie
District Court o Lowest Court in the Irish Court system o Organised on a regional basis o District Court Areas o Examples of type of cases the District Court deals with o How often does it sit? o Will the same Judge hear my case if it is adjourned? o What can I do if I'm not happy with the Order? o Useful website www.courtservices.ie
Circuit Court o 8 Circuits in Ireland o How often does the Circuit Court sit? o Examples of type of cases it deals with o Barristers o County Registrar o Judge's Assistant
High Court Not a Court of local and limited jurisdiction Type of cases
Court Application Process o How do I have my case heard before the Court or what do I do if I receive Court papers to appear in Court? o Applicant - Applying Party o Respondent o Paperwork to be completed . Where and how? o Proof of service -Statutory Declaration of Service o Filing papers o Retain copies o Ex Parte Application -what does this mean ? o In Camera - what does this mean ?
o Emotions heightened o Where do I go ? o Number of Courts may be sitting A day in court o Facilities available o Court commencement time o Arrive in time! o Dress accordingly o Telephone o Be prepared o Copies of paperwork x 3 o Text messages
Court Hearing Court Hearing How do I address the Judge? o Who can attend ? o When should I stand up? o o Can I bring my children ? Evidence o o Clerk/ Registrar Children's views o o Advocate What happens if the other party does not attend? o o Interpreter How long will case take? o o Reporters When/how will the Judge give his/her decision? o Reserving judgement- what does this mean? o o Court List o Call Over - initials only o In camera nature of proceedings - restrictions imposed.
Judicial Separation and Separation Agreements o What is the difference? o Mediation o Affidavits
o Introduction o What is an Order of the Court? Court Orders and How They Work o Why is it necessary? o What should I do if I am unhappy with an Order? o Appeal o Application to Vary the Order.
o Methods of enforcing Orders o Breach of Access/ Custody Orders Court Orders o Section 18A of the Guardianship of Infants Act 1964 (inserted by Section 60 of the Children and Family Relationships Act 2015) and how they work o Enforcement Order -remedy available to parent/guardian who has been unreasonably denied access/custody o Options available to the Court in making an Enforcement Order o Notice of Application for Enforcement Order - signed by the applying party or his/her Solicitor o Consideration of views of the child where possible o Contempt of Court - non compliance with Order - fine/imprisonment or both o Purge Contempt - what does this mean?
Breach of Maintenance Order Court orders and how they work What should I do ? Enforcement Summons Are payments through the District Court Office? Calculate arrears Vouching Attachment of Earnings Order ? Application to Vary Order Contempt of Court
What happens if a domestic violence Order is breached ? o Court Orders and Criminal offence o Breach of Protection Order before Summons for Barring and/or Safety Summons heard? o how they work Domestic Violence What should I do if Order is breached? o Can I renew the Order when it is due to expire? o
Court orders and how they work Guardianship Orders Application to discharge Child's best interests
