Family law and the lockdown

Sir, – All non-urgent family law cases in the Circuit and High Courts have been postponed until Level 5 restrictions are lifted. Access is strictly limited to ” urgent” cases.

I understand that the Courts Services and the judiciary implemented these restrictions with the intention of limiting footfall during this time.

However, this is causing harm to many parties and their children who have cases pending in the Circuit or High Courts. Many family law matters require orders from the court that may not be caught by the “urgency” clause (which most likely refers to domestic abuse) but are of essential court business nonetheless. As all family law cases are held in camera, only a handful of people are present: the parties, their legal team (barrister, solicitor), the judge and court registrar, and perhaps the judge’s assistant. By strict adherence to social distancing within the courtroom and mask protection, surely these cases can and should proceed?

Without doubt this is a valid and justifiable reason to relax the five-kilometre travel restriction in this instance.

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If not, can technological safeguards be introduced to allow cases proceed by video-conference or other links?

The courts need to find a way to move cases forward, afford litigants access to justice as a matter of urgency and avoid further inevitable delays due to heavy backlogs. The maxim “Delay defeats equity” is ringing in my ears! – Yours, etc,

CRIONNA CREAGH,

Ballsbridge,

Dublin 4.