As a family law solicitor, I sometimes forget how strange and alien the courts are to the uninitiated. As a solicitor for a long time, one becomes very familiar with the roles of the different people in the Dublin family court system, the etiquette of where to sit, and what to do when the Judge appears. It’s a lot like being in church and all the strange rituals that are very familiar to us from our youth but to someone new, it would all appear very strange. I still recall my first appearance in the family court in Dublin as a trainee lawyer doing the most basic application to the court. I remember well the feeling of embarrassment when the judge asked me what is now the most basic question which I could not attempt to answer. So I can empathise with clients who are attending the Family Court in Dublin for the first time.
Different Branches of Family Law Court in Dublin
First of all, I wish to explain the different branches of the family court in Dublin. There is a courthouse in Dolphin House in Temple Bar which is a District Court. This is the lowest court in Ireland and generally deals with maintenance for spouses and children, custody and access, and domestic violence applications. There are similar district courts doing the same work all over the country. The District Court is the most informal court of the Dublin family court system and because of the huge amount of cases it is required to process, cases are heard relatively quickly. Then there is the Circuit Family court which is located in Phoenix House in Smithfield. This component of the family court in Dublin deals with divorces and judicial separations. Where there are assets in the marriage, it is nearly always the case that solicitors and barristers represent the parties. This court is a lot more formal and more precise and more time is given to each particular case. Lastly, there is a division of the High Court devoted to family law for cases where the property of any description combined is in excess of €3 million. This is the most formal part of the Dublin family court where both parties engage Junior and Senior Counsel and legal fees usually reach six figures.
Preparing for Your Visit to Dublin’s Family Court
The courts’ website provides a great overview of these topics, but I will give a few of my own tips on how to prepare for your visit to the family court in Dublin. They may seem obvious but from experience, it is surprising what people will do or forget to do. First, be sure exactly where the court is. Do a dry run if necessary as it is not always easy to find the correct family law court in Dublin. Whatever else you do, do not be late, be early. Look at the parking options near the court you are visiting. While there is good parking around Smithfield for example, it can be expensive whereas there is a Luas stop literally right on the door of the court. This may seem awfully obvious but you cannot bring your children to court. In pretty much all cases in family law, your case is identified by the initials of the parties to the proceedings and the record number. When you are waiting for your case to be called, have this record number available as it will be this number and initials that will be called over the public address system. Before you walk into court, ensure your phone is switched off.
A Day at the Circuit Family Court
The Family Law Court I am most familiar with is the Circuit Family Court in Smithfield, a significant branch of the family court in Dublin, and I will try to convey what happens inside these courts on a daily basis. In General, these courts in this complex in Phoenix House, as I said, deal with around 2,000 cases of Divorce and Judicial separation every year. The work of the Dublin family court is divided into dealing with procedural applications called ‘motions’ which solicitors and barristers deal with on their own and ‘hearings’ where the parties to the proceeding attend. These hearings are effectively “the big day”.
The Big Day and Interactions with Your Ex-Spouse
In virtually all Divorce cases in the Dublin family court, there will have been an attempt to settle or agree on the division of the marital assets in a meeting in advance of any hearing date. A good family law solicitor will have advised their clients as to the many benefits of agreeing to something less than they want that they can live with rather than have a division imposed on them by a judge who hears a case over 2/3 hours. This “big day” can be quite nerve-wracking for applicants as it is not nice to give evidence and even less nice being cross-examined. A good family law solicitor will also prepare their client for what to expect in court and inform them that their barrister will protect them by not allowing any inappropriate questions. They will also be told that if they do not recall something they should simply state this and that to address the Judge as “Judge” when speaking to them. A solicitor will also have prepared them and explained where to sit and who each person is in the courtroom and their function. In Dublin for instance, there are listed 2-3 cases every day for each courtroom but generally, only one or two get heard and usually, further attempts will be made to settle each case at this stage. At the beginning of the morning, there will be a call over of all the cases and the barristers will indicate which cases are settled and which are to be heard. It can be frustrating but the client should be warned that the “big day” may have to be given another court date in another few months if because of court time, the case is not reached.
I imagine what most people are worried about is their interaction with their ex-spouse. Normally there will be a meeting room for you and your legal team within the family court where you can stay until the case is ready to be called so there should be no need to be looking across at your ex-spouse in the foyer.
In conclusion, the family courts in Dublin can still appear very alien and strange but the courts in the last few years have made a lot of efforts to make the family courts more accessible and customer friendly. It is like everything else in life, fail to prepare, prepare to fail, and bear in mind if there are assets involved in your separation, the assistance of an experienced family law solicitor in your corner will greatly help you navigate the process.
