THE Family Court is yet to become operational despite assurances made to the general public over a four-year period.The court, which will be the first of its kind in Guyana, was originally scheduled to be inaugurated in May 2010 however several delays and problems have resulted in its stalled establishment.
After numerous attempts were made to contact the Minister of Human Services and Social Security, Jennifer Webster and the Permanent Secretary of that Ministry, Lorene Baird, for their comments or any updates or progress on the family court, they have both declined to speak on the matter.
The Guyana Chronicle has also been unable to contact the Attorney General Anil Nandlall and the Acting Chancellor of the Judiciary Carl Singh as they are both abroad.
In a telephone interview with Guyanese Lawyer, Ronald Burch-Smith, he told the Guyana Chronicle: “The establishment of the family court requires two things, that is, judicial arrangements and physical arrangements. To my knowledge only the physical arrangements are yet to be completed. Hence the court should be ready by the beginning of the new year.”
In 2009, $105M was allocated for the construction of the Family Court, and Magistrates’ Courts in Charity, Leonora and No.51 Corentyne, Berbice as part of the National Budget of that year. By 2010 construction was well underway and expected to be completed by its May 2010 deadline.
The public saw the first delay in the establishment of the Family Court in January 2011 when the Head of the Presidential Secretariat and Cabinet Secretary, Dr. Roger Luncheon stated that the delays was due to the ‘’sloth of the Rules Committee of the High Court in completing its review of the Family Court rules.”
The Rules Committee was subsequently held responsible for the stall in the inauguration of the Family Court from November 2010 to January 2012. By the beginning of the year 2012 a building to accommodate the Family Court was constructed in the High Court’s compound and the rules for the court were finalised and laid before the National Assembly.
As a result high hopes were expressed that the Court would be in operation in 2012 however the tribunal was not functional even despite the assurance of the Finance Minister Dr. Ashni Singh in April 2012 after presenting the National Budget of that year.
Three months later the Government Information Agency (GINA) reported that two contracts were awarded for the provision of furnishing for the court while persons were short-listed for interviews and vacancies were being filled to staff the court.
Later that year another stumbling block impeded the establishment of the Family Court, when its inauguration was delayed by the decision to locate the hearings for the (Linden) Commission of Inquiryin the newly constructed building.The building housed the Linden Commission of Inquiry from September 2012 to January 2013, yet upon its conclusion the Family Court still did not become functional.
Early in the year 2013 the Minister of Human Services and Social Security, Jennifer Webster, remarked that while the ministry waited for the facility to be completely furnished, training was conducted for persons who were expected to be involved in the operation of the court.
Training for judges and the Supreme Court Registry staff on the use of the family court rules was conducted between January 31 and February1, 2013 by a judge who was responsible for the drafting of the rules.
Meanwhile by June 2013 Attorney General Nandlall noted that the court was still being supplied with the appropriate furnishing and that he was unsure of the exact date when it would begin to function.
The court is intended to deal with issues such as divorce, division of property, domestic matters, adoption, guardianship and custody. It will require the support of the Ministry of Human Services and Social Security, its Probation and Social Services Department, along with the Child Care and Protection Agency (CC&PA).

(By Tash Van Doimen)