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Family Court an absolute must this year – Cabinet Secretary

Jan 21, 2011 News

“Worst possible alternative to consider …” was what Cabinet Secretary Dr. Roger Luncheon had to say about the Family Court not being completed this year.
He made the remarks during a press briefing on this week’s Cabinet meeting where the Family Court was one of several issues that saw discussion. According to Dr. Luncheon, the entire cabinet was “… impatient with the sloth in establishing the Family Court.” He noted that the establishment of this new arm of the Judiciary was a high priority for the Government.
The Cabinet Secretary went on to point out that the body was critical of the delays at the level of the Rules Committee of the High Court. Apparently the Rules Committee needs to complete their review of the Family Court Rules. Their adoption of the Rules to become part of the High Court Rules is a necessary step before the matter can be brought to the National Assembly in order to have the court officially established. According to Dr. Luncheon, the Rules have been made available to the committee since 2010.
Asked to give an estimated date for the completion of the process, Dr. Luncheon said, “Cabinet’s frustration is precisely because they cannot provide an answer.” He did however point out that there was another “contingency” that could be invoked to bring the rules before Parliament for their consideration.
He said that the Executive may in cases such as these intervene to see the Court established, but the current process is the conventional one to see such a court become reality.
Dr. Luncheon noted that there could be an “Executive-led” approach to Parliament to see the Rules adopted.
The Court will be able to settle issues such as divorce, division of property, domestic matters, adoption, guardianship and custody. Coming from a two-fold approval by Cabinet in 2009 to establish the court and to also erect a structure which the entity could call home, the construction was overseen by both the Ministry of Human Services as well as the Ministry of Public Works.
Minister of Human Services and Social Security, Priya Manickchand, has said in the past that the initiative of a Family Court was prompted by the awareness that the family unit is severely affected by societal demoralisation. At the time, she also commented that the process of compartmentalising family law should begin even before the completion of the building and indicates the significance placed on judicial preparedness in family welfare matters.
Meanwhile, the Family Court building which was completed by its projected deadline of May 2010 stands empty and waiting in the compound of the Supreme Court as the powers that be continue to drag their feet in its establishment.

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