Family Court caters for applicants without attorneys

Jun 23, 2017 News

– system can handle filings for divorce, other matters

At the Family Court, persons desirous of initiating legal proceeding can walk into the Registry without an Attorney and file applications for a number of issues including divorce, division of property, legal maintenance, custody and guardianship.

Since it became operational, the Court has facilitated a number of “walk-in applicants.” Walk-in applicants are fast becoming a popular feature at the Family Court Division, since the system has proven affordable to those who cannot afford to retain the services of attorneys.

With the assistance of Customer Care staff, applicants can walk into the Family Court Registry located at the north eastern end of the Georgetown Supreme Court compound and file for divorce and other family-related disputes.

Persons filing matters without the aid of attorneys are required to bring the necessary documents when filing matters, these include birth certificates, marriage certificates, etc. In addition a filing fee is attached to the process.

There are also fees attached for a sworn affidavit and Marshal Service. However under the Family Court rules, the cost for filing a matter has increased “but it is still affordable to those seeking relief via the court”. On a daily basis, staff at the Family Court Registry handles hundreds of applications for divorce, custody and division of property.

Within the first year of operation, the Specialised Division within the Supreme Court is boasting of changing the legal landscape to cater specifically to the needs of the family. Within the first six months, the Unit has seen a significant number of cases resolved, particularly divorce matters; divorce proceedings accounted for 92.2 % of the matters filed; the percentage represented 413 cases.

Additionally, of the 529 matters were filed at the Family Court, 83 were resolved; 18 were dismissed or withdrawn; 183 are Interim Nisi Orders; 237 are still pending and eight were struck out.The rules which govern the Family Court, also allow for efficient case management practices to 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) of the rules 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.”Additionally, the court seeks to promote the overriding objective of ensuring that parties are on equal footing and not prejudiced by financial positions.

Since its establishment, the division has been outfitted with a Childcare and Protection Officer, personnel who can assist persons with walk-in procedures, and a childcare room and staff. The court currently has a full complement of staff, a Registry, and is operated under selected Judges.

Within the past year, the Court was specifically fitted with a Directions Hearing (D.H) room which has been instrumental in resolving a significant number of divorce–related matters.Recently this newspaper was told that of all the matters filed within the past year, only four are pending trial.

“All the others were resolved by way of Directions Hearings.”The D.H room provides an opportunity for issues to be ventilated outside the courtroom setting.

Family Court Judge Sandra Kurtzious had explained that the mechanism is useful, particularly in cases of divorce. What happens in this setting provides an opportunity for direct discussions between the parties involved, their legal teams and the Judge.Under this arrangement, the family is priority; the aim is to have parties discuss and decide where they want to take their lives.

Much like other fixtures, at the Family Court, with Directions Hearings from the time the matter is filed, a date is fixed for the matter to be heard, thereby expediting the process. (Rehanna Ramsay)

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