Family court in operation

Eight years after plans were finalised, the long-awaited family court is now up and running and so far dozens of matters have been heard by the two judges assigned.

The launch of the court is a welcomed development to many as it now means that family law cases, like divorce and child custody, can be concluded more speedily and that the High Court will be less burdened.

Stabroek News was told that the court, which is located in the High Court compound, heard its first case in June.

The two judges hearing matters at present are Justice Dawn Gregory and Justice Sandra Kertzious. Justice Kertzious, who had been practicing family law for years prior to her appointment as a judge in 2012, had long been identified for assignment to the court once it became operational.

Though the countless delays in the operationalising of the court have been in the public domain over the years, the public has yet to be officially informed that it has been functioning.

Attempts to make contact with Chancellor of the Judiciary, Carl Singh on the matter were unsuccessful.

The last time that Justice Singh addressed the matter was in June last year, when he said the court may finally be operational in as little as a month.

Attorney Anil Nandlall recently told this newspaper that he has had matters heard in the court and that its operationalisation was a timely and important development.

“It is a welcomed addition to the High Court and to the judicial system. The establishment of specialised courts has been one of the identified mechanisms to bring speed and dispatch to the judicial system,” he said.

Nandlall also told this newspaper that it was unfortunate that the formal opening was not announced because “it has been occupying the public’s attention for a while.” He said that this issue ought to be directed to those in charge of the administration of justice and the AttorneyGeneral.

In 2008, the then PPP/C Cabinet cleared the way for the Family Court and subsequent budgetary allocations were made for the project. The building was later completed but its use and the formal opening were stalled for a number of reasons which ranged from sourcing furniture to the finalisation of the rules that would govern the functioning of the court.

In 2014, Nandlall, who was Attorney-General at the time, had informed that furniture was being installed but little was said about its opening since then. Back then Nandlall blamed the administration of the judiciary for the delays.

It was envisaged that the court would be a specialised one, dealing with family matters such as divorces, disputes in relation to matrimonial property, adoption, guardianship, visitation, custody and maintenance of children.

Several members of the legal fraternity, UNICEF and a number of non-governmental organisations had called for the delays to be rectified and for the court to become operational.

Nandlall told Stabroek News

that when the PPP/C was in office, repairs had to be done because the building was not in use for some time.

At one point the building was home to two Commissions of Inquiry.

According to Nandlall, after the repairs and the furnishing, there was a delay in the Chancellor bringing into operation the new family court rules and to declare open the court. He stressed that “everything was completed” before May, 2015, but with the “hustle and bustle” of elections, they were unable to formally declare the court open.

Nandlall said two judges were exclusively assigned to the court, which sits every day. He said too that the court has a registry which deals exclusively with all family court matters.

“It’s a new experience because the rules are new and the procedures are new… Some argue that the rules simplify the process and the procedure. Some will tell you that it has complicated the process and procedure. However, it is the new way and the rest of the Caribbean has gone in this direction and we are finally moving,” he pointed out. Nandlall stated that based on his observation, the court handles a lot of matters.

He said that the specialised commercial, constitutional and public law courts established under the PPP/C administration as well as the establishment of the Family Court will bring speed to the judicial system.