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Clare Married Couple Encouraged to Try Mediation

Wednesday, September, 27, 2017

A Clare couple just shy of their 50th wedding anniversary were advised by a judge to not “go against one another” in court because of the effect it will have on the remaining years of their marriage.   According to Judge Patrick Durcan, a Family Law Court Judge in Ennis, the couple will have a difficult time recovering from a court battle and would be better served by mediation. 


The couple ended up in front of the judge after the woman accused her husband of 49 years of slapping her, following a round of verbal abuse at the couple’s home.   The wife contacted the police, who advised the husband to stop his actions, but he refused.   At the point, the police advised the woman to seek an order for protection on a temporary basis.  


When the husband appeared in front of the judge, he called the incident and his wife’s request for protection “… much ado about nothing.  ”


In his statement to the husband the judge said, “You have the right to contest the application or consent to the granting of the safety order or avail of a time span to have issues mediated by a court mediator ”.


He explained the court process to the man and told him that he would have the right to cross-examine his wife.   The husband is without legal representation.   The judge then stated that the event would not be “… a very appropriate thing to do and the net state of life can be compromised and contaminated if the court heard evidence here today.  ”


His husband agreed with the judge and consented to participate in mediation.