Child custody applications up 50%

There has been an almost 50 per cent increase in child custody applications in the past year, as well as significant increases in other court applications referring to children, figures from the busiest family law court in the State show.

The increases, published today by Chief Justice John L Murray, at the opening a new family law mediation service at Dolphin House family law court, are thought to be a by-product of the economic downturn.

The new family mediation service, a pilot project in Dublin only, aims to keep couples in dispute about issues relating to their children - custody, access, guardianship and/or maintenance - out of court and to steer them ultimately to mediated, mutually agreed resolutions.

It is an initiative of the Courts Service, the Family Support Agency and the Legal Aid Board. It is free of charge and open to couples whether married or not.

Operating since March 21st on the fourth floor at Dolphin House in Temple Bar, it has been giving information about mediation to parties presenting to initiate court proceedings.

If they feel it suits them the other party will be written to and invited in to discuss the possibility of mediation. If both agree they will then be seen by a trained mediator to discuss their issues and, hopefully, come to a mutual agreement.

It is a voluntary service and Legal Aid Board solicitors are available on-site in Dolphin House should either party which to see one. Their agreement can then be fast-tracked into court to be made legally binding by a judge.

There have been 16 mediated agreements from the service so far and 25 mediations are ongoing.

"That's 16 couples who would have been going through the courts otherwise," said Tom Ward, principal officer of family law.

Speaking yesterday, Chief Justice Murray said in the majority of issues arising from family breakdown were best resolved through mutual agreement - particularly from the children's point of view.

"Mediation, particularly in advance of the 'locking of horns' in legal proceedings is of primary importance in achieving this," he said.

Mr Ward said the service had had great success already and he hoped it would be a model for resolving family disputes throughout the country.

He also commented on the increase in court applications pertaining to children. Applications for custody increased by 44 per cent from 957 in 2009 to 1,380 last year.

Applications for access rose by 10 per cent, from 4,348 in 2009 to 4,784 in 2010. Applications for both custody and access increased by eight per cent, from 976 to 1,057 last year, while applications for guardianship by unmarried fathers increased 12 per cent, from 2,463 to 2,783.

Staff had not "drilled down into the figures", but Mr Ward said research indicated family law disputes increased in times of recession.

There was also some evidence that people making housing applications to local authorities as single parents needed legal proof that they were single parents.

Further information on Dolphin House family mediation service available at 01-8886131