Lack of privacy at child care court hearings in Mayo
A REVIEW of child care cases being held at District Courts in the Mayo region has raised concern over overcrowding and a lack of privacy, reports CLAIRE McNAMARA
The Child Care Law Reporting Project (CCLRP), published last week, has called for the establishment of a specialist family court with dedicated child care days following new evidence about overcrowding in courts.
The CCLRP conducted a national survey of child care in the District Court. Its reporters saw a wide variation in the physical condition of the courts, the facilities available, the volumes of cases dealt with and the manner in which lists were conducted.
Castlebar Courthouse was praised, noting it had been substantially refurbished, had two double-height courtrooms and a number of consulting rooms.
The former sitting judge conducted pre-trial hearings to prepare cases, which she did not hear until she was satisfied all reports had been filed and all witnesses lined up. But it is not clear if this practice will continue.
Separately, there was provision for video link, but according to practitioners there had never been evidence from children via video link.
Fifteen cases were listed on the day the CCLRP attended, including five private family matters, one involving a breach of a safety order.
Ballina was described as typical of many courthouses in rural towns, with just one courtroom, a small number of offices and two consulting rooms, with no video link facilities. There is no waiting area except for a small hallway outside the courtroom with a couple of chairs.
Most litigants and their lawyers stand in this hallway or sit on the stairs, so there is little or no privacy. Discussions between lawyers and their clients take place in this area, as the consulting room capacity is limited.
Other centres include Belmullet, where the court sits once every two months in a community centre, but according to practitioners this is better for the parties than Ballina as there is a café where parties can wait.
If family law is heard on these days, it is on the mixed list.
Speaking to The Connaught Telegraph, Dr. Carol Coulter said the review underlined the need for specialist family courts, with specially trained judges and court staff in a number of venues across the State. This would mean the cases of often vulnerable families could be dealt with 'sensitively, in a suitable environment where their privacy would be assured'.
Facilities should have easy access, waiting areas for litigants or witnesses, and a discreet system for calling parties into court.