In many countries of the world today the Family Court is an integral part of the justice system. The use of this non-traditional court system is now deeply entrenched in many Commonwealth countries including Australia, North America and Europe while India and other developing countries are moving in this direction.
Establishment of the Family Court is a logical outcome because it has several advantages and merits in dealing with domestic legal matters and at the same time frees up the traditional court so that it can focus more on criminal and other civil cases.
A person could apply himself or herself for an order, without necessarily using the services of a lawyer as Family Court counsellors will help the person prepare his/her case; matters are dealt with more expeditiously compared to the traditional court; and if you need a change or an amendment to an order it is easier to do so than in a traditional court.
In reference to India a group of legal experts concluded that it is evident that the setting up of these family courts was a dynamic step so far as reducing the backlog and disposing of cases while ensuring that there is an effective delivery of justice. However, as aforementioned, there are still matters of concern which plague these courts. The issues relating to the functioning of these courts is to be seen in total, as quoted in the examples relating to the procedural as well as substantive aspects of the problems. There are many controversial and debatable issues such as engaging a lawyer due to the specific provisions of the Family Courts Act.
Our country is now moving towards the establishment of a Family Court which would become another milestone or landmark achievement for our justice system which became overburdened and bungled.
This is another clear indication that the administration is committed towards addressing the problems of our society be they legal, economic or social, etc.
However, very importantly is that the Court must function with the desired efficiency and effectiveness and accessibility to the people, particularly those in the rural communities. If not the purpose and the objective of its establishment would be defeated.
Veteran jurist and retired judge, Mr. Donald Trotman, who is the President of UNAG, recently hailed the initiative and made some interesting and pertinent observations.
He expressed the hope that the soon to be established Family Court will not only be available to the people of Georgetown but those in the interior and hinterland regions, as well.
Trotman, a retired High Court Judge, said he wanted to give credit to the Government, through the Ministry of Human Services and Social Security, for establishing the Family Court.
He said it is very significant that the building will be completed this month, in which International Day of Families is being observed.
Trotman observed that such an establishment is not just found in Guyana but in several states of the UN and looks forward to some of the methods that were used by the ancestors to be applied in solving disputes, such as the ‘Panchyat system’ in India and the ‘Group of Elders’ in the African ancestral societies.
He correctly suggested that there should not be only one judge presiding but proposed that there could be several itinerant judges, so that people from all parts of the country would be able to make use of the tribunal.
Trotman contended that, if there is only one judge, then the backlog problem facing the traditional courts will also plague the Family Court. He suggested that there could be several itinerant judges, so that people from all parts of the country would be able to make use of the tribunal.