Sir, – It was with much interest I read Carol Coulter’s article “Chief Justice wants way paved for specialist courts” (Home News, June 29th).
The Chief Justice, Mrs Justice Susan Denham, recommends the amendment of the Constitution to enable the Oireachtas to establish specialist courts to deal with family and environmental law, along with a court of appeal that could hear appeals from the High Court. While I wholeheartedly echo the views of the Chief Justice in all her recommendations, I take a particular interest in the area of family law.
In Australia, the term “primary dispute resolution” has been formally adopted to describe all forms of non-court dispute resolution methods, relegating the last resort, the court, to the alternative or secondary role.
This shift to a more holistic approach to family law through the use of mediation and various forms of collaboration is also borne out in other jurisdictions such as Canada, Hong Kong, England and Wales, and certain states in the United States.
It is now the right time for Ireland to follow suit and embrace the setting up of specialist family courts. Such an amendment to the Constitution can only serve the best interests of family law disputants, in particular those of separating and divorcing couples and their children. – Yours, etc,