Family Court finally comes into being

Jun 07, 2016 News

The family proceedings and procedure rules which are essential to the Family Division of the High Court were officially handed over yesterday bringing the Family Court into full effect.

The Family Court building in the High Court Compound.

In February, the completed rules were presented by Attorney-General Basil Williams to the National Assembly to be reviewed and approved by the House.
The infrastructure to accommodate the Family Division was completed over five years ago under the PPP administration and stands in the compound of the High Court. The court is expected to have a full complement of staff, a Registry and a competent stock of selected Judges.
The formal establishment of the court came months after the public and the country’s legal luminaries anticipated the opening of the court prior to the installation of the one year old APNU-AFC government.
The idea towards this specific project was spawned during the time of the PPP administration by the then Social Services Minister, Priya Manickchand.
During her tenure, Manickchand had posited that the court was necessary after observations were made that Guyanese families were suffering from societal demoralisation. Attorney-General Basil Williams had attributed the delay in the conception of the Family Court to the length of time taken by Chancellor Carl Singh to fine tune the rules of law necessary for the operation of the Court.
Justice Singh had intimated that the delay in the readiness of the rules of law was due to some necessary amendments having to be made. Additionally, several training sessions were held for staff, members of the bar and judges.
The rules which will govern the court from today will allow for efficient case management practices. This will ensure that matters which deserve the attention of the courts receive the necessary attention resulting in the timely resolution of such matters.
Clause 2.6(1) states that the court may deal with a case at any place that it considers appropriate. This is applicable even to children involved in a family dispute. The rules are sensitive and try to remain applicable to different situations and facts which may arise from each particular case brought before the bench.
The overriding objective of the Family Court is to deal with Family Matter cases justly. The court will preside over matters including adoption, custody, neglect of children, guardianship, domestic violence, juvenile issues, divorce, division of property, and maintenance.
The court is to promote the overriding objective by ensuring that parties are on equal footing and not prejudiced by financial positions. It is to also encourage settlement of any dispute through negotiation, mediation or other means of alternative dispute resolution.