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Family Law in Practice: A Study of Cases in the Circuit Court

Author: Carol Coulter | ISBN: 978-1-905536-22-1 | Format: Paper Back| Price: €29 | Publication Date: March 2009

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About

Family Law and Practice: A Study of Cases in the Circuit Court is the first book to examine the workings of the Irish family law courts. Prior to the implementation in 2005 of the Courts and Civil Liability Act 2004 the courts could not be accessed by researchers for the purposes of reporting on and seeking to examine how family law worked in practice, due to the operation of the in camera rule. This was changed by the 2004 Act, permitting access to the family courts by bona fide family law researchers.

This book examines empirical data from court files and the author’s personal observations from court proceedings, using both statistical and legal analysis. It is set within the context of international and Irish literature on the theory and practice of family law, but acknowledges the elementary need for basic primary research in an Irish context.

The research on which most of this thesis is based was carried out in the courts in the 2006/2007 legal year, and involved attendance at Circuit Court venues hearing family law around the State, and the examination of the files of all family law cases concluded in the Circuit Court.

Family Law and Practice: A study of Cases in the Circuit Court outline trends in the practice of family law in the courts relating to the likelihood of settlement, the issues most likely to be contentious and the outcomes both in settled and in contested cases. Common assumptions about the family law system in the context of the facts are questioned and found to be misplaced. The identification of flaws in the family law system is highlighted as are recommendations for the future.

About the Author

Dr Carol Coulter is the editor of the Law Matters page and journalist in the Irish Times.

Contents Include

INTRODUCTION

Reform of the In Camera Rule  
Anonymity of the Parties          
Rules of Court 
Methodology of this Thesis      

CHAPTER 1
REVIEW OF LITERATURE AND NOTES ON METHODOLOGY      

The International Context         
Function Of Family Law          
The Influence Of Feminism       
Work On Irish Family Law      
In Camera Rule           
Methodology

CHAPTER 2
OUTCOMES AS RECORDED IN COURTS SERVICE

Dublin Circuit Court     
Cork Circuit Court      
South-West Circuit Courts       
Eastern Circuit Courts  
South-Eastern Circuit Courts   
Northern Circuit Courts           
Western Circuit Courts
Midland Circuit Courts
Some National Trends 

CHAPTER 3
HOW FAMILY LAW WORKS IN PRACTICE

Legislation       
Children          
Maintenance and Other Financial Matters         
Family Home   
Conduct          
Findings of the Study   

CHAPTER 4
SOME CONCLUSIONS ON THE IRISH FAMILY LAW SYSTEM      

District Court   
Appeal to Circuit Court           
Judicial Review in the High Court         
Judicial Separation and Divorce           
Mediation        
Legal Aid        
Collaborative Law       
Family Law Proceedings—The Procedure       
The Hearing     
Applications for Custody and Maintenance       
Flaws In The System   
Alternative Dispute Resolution  
Findings Of The Study 
Suggestions For Change          

CONCLUSION         

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