Bradley Williams attended the 4 Jurisdictions Conference in Ireland and describes the experience:
I recently attended the 15th annual Four Jurisdictions Family Law Conference in the beautiful surroundings of the Powerscourt estate in County Wicklow in Ireland. The Conference brings together practitioners from England and Wales, Northern Ireland Scotland and the Republic of Ireland. The conference was opened by the President of Ireland, Mary McAleese.
A former professor of criminal law at Trinity College Dublin, the President gave a very inspiring talk on conflict resolution based on her experiences of the sectarian divide in Northern Ireland. As she was attending our conference on the day that talks were continuing in relation to the Northern Ireland Assembly her words had particular resonance. Whilst not perhaps on the same scale we were told that the family practitioner’s role in minimising conflict and searching for workable solutions for families was very important. All too often the press picks up on the high profile divorce cases which are usually the most bitterly fought and contested. As a result the public’s perception of what a divorce entails is often very different from the approach adopted by many family practitioners across the jurisdictions. It is encouraging that there appears to be great support for Collaborative law and Mediation in particular.
Dr Ursula Kelly of the Faculty of Law at University College Cork gave a very interesting talk on Human Rights and Family Law with particular reference to the development of case law in the European Court of Human Rights. It is clear that the rights of the child are paramount. The EU Charter of Fundamental Rights came into force in the UK and Ireland on 1 December 2009 as part of the Lisbon Treaty. Although at present it is too early to say what effect the treaty will have on national courts it is interesting that, amongst other things, the Charter provides
“Every child has the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests”
As a result it is likely that Courts across the jurisdictions are going to be giving more weight to the wishes and feelings of children and their right to be heard in proceedings concerning them, which has to be a good thing provided there are safeguards to ensure they do not come under pressure from either parent.
The welcome which we received from our hosts in Ireland was incredibly touching. Speaking informally with fellow delegates, in spite of differences in the law of our respective jurisdictions, I was struck by how similar our practices and approach to cases are. I hope the relationships which were kindled will yield to further productive co-operation on cases with a cross-border element.
For more information contact Bradley at bw@flip.co.uk
Tags: children, divorce, separation