THE Family Division of the High Court has, since May 6, 2016, been established; and commenced hearing matters since.
This is according to a release issued by the Office of the Chancellor of the Judiciary, which highlighted that this division and the Family Courts have long been awaited, but have been beset by numerous hurdles.
It was noted that the Family Courts will hear and determine all proceedings which touch on, and concern, family matters. Further, the procedure of the Family Courts will be governed by the Family (Proceedings and Procedure) Rules, 2016 (FPPR).
Among the main applications that could be made to the Court are for divorce; custody and access; division of property; maintenance; guardianship; parentage orders, including paternity orders; protection of children; wardship; variation of an existing order; and breach of orders.
According to the statement, the Court is meant to encourage dispute resolution, including alternative dispute resolution mechanisms, and therefore will facilitate a participatory approach to problem-solving. This is intended for family disputes to be dealt with justly and expeditiously, while ensuring the welfare of family members, especially children.
The Family Court, which will be presided over by two judges, has its main location in the north-eastern block of the Victoria Law Courts (overlooking King Street), Georgetown.
The FPPR will, however, be applied by Judges who are assigned to the Berbice and Essequibo jurisdictions of the High Court, where the Court shall receive and hear applications at the New Amsterdam and Suddie High Courts respectively.
Additionally, the Court has its own registry for receiving applications in family matters, and includes a child-friendly space in the form of a Children’s Wailing Room for parties who are required to attend the court.
The statement said the well trained staffers of this new Registry are geared to provide a customer-friendly process for persons who attend at the Registry and the Court.
“The court will work in close liaison with the Child Care and Protection Agency (CCPA) in matters affecting the welfare of the child. In addition, it is expected that parties to family court matters will utilise the Mediation Centre of the High Court,” the statement said.
Through this statement, Justice Carl Singh, acting Chancellor of the Judiciary, sought to extend appreciation to the Government for its financial and material support to the Court.
Special mention was also made to Minister of Social Protection, Volda Lawrence; Head of the Child Care and Protection Agency, Ann Greene; and Attorney-General and Minister of Legal Affairs, Basil Williams.
Appreciation was also expressed for support offered by the United Nations Children’s Fund (UNICEF) and its Representative in Guyana, Marianne Flach.
Singh noted that gratitude is also extended to the Government and people of Canada, and Canada’s diplomatic representatives in Georgetown for the support readily given to the training of judges and support staff in the anticipated work of the Court.
Acknowledgements were, moreover, extended to Justice Robin Mohamed of the Judiciary of Trinidad and Tobago, who devoted much time and effort to the preparation of the Family Court Rules.
Finally, appreciation was also extended to Justice Yonette Cummings-Edwards, Chief Justice (ag); Justice Dawn Gregory; Justice Roxane George; Justice Brassington Reynolds; and Justice Sandra Kurtzious.
“Their selfless efforts in significant measure brought the Family Court into reality. To all others not specifically mentioned, who contributed to the establishment of the Court, the Supreme Court expresses its sincere thanks”, the statement concluded.