A new system of family courts is needed to ensure the justice system does more to meet the needs of children and parents in crisis, a conference was told at the weekend.
Mr Justice John Gillen, head of family law in Northern Ireland, said the courts must draw together public law, private law, aspects of youth justice and domestic violence in a new family court setting.
"The moment has now arrived where we must seriously question whether single jurisdiction courts in the family justice system work effectively or fairly in the best interests of families and children," Mr Justice Gillen said.
"I am concerned lest the court system has been proscriptively reactive and inadequately pro-active in seeking justice for children and families.
"Has the system failed, if indeed it ever held the potential, to sufficiently address the underlying causes of family dysfunction and breakdown?"
Mr Justice Gillen was speaking at a conference over the weekend on children and the law, organised by the Irish Human Rights Commission and the Law Society of Ireland. The judge said a priority should be a system of prevention and early intervention which embraces family and parenting support. The courts should remain the last resort.
He said improved outcomes for children were only likely to be delivered if courts and agencies worked together, focusing on the family and children as a whole. A "one family, one judge" system would ensure consistency and continuity.
"Specialist trained judges and magistrates working with specialist trained professionals within an informed and co-ordinated system and all co-operating together to secure the best outcome for those who are the unfortunate casualties of domestic or communal upheaval must be the clarion call," he said.
Speaking at the same conference, High Court judge Mr Justice John McMenamin noted that superior courts were being called upon to exercise jurisdiction in cases regarding the placement of "out of control" young people in detention on a regular basis.
Great care should be taken to ensure there was early intervention by professionals or agencies with children experiencing problems, rather than permitting a crisis to develop which must be dealt with by the courts, he said.
