Home News Family Court records “rapid increase” in divorce matters
The Family Court is recording a “rapid increase” in the filing of divorce matters. This is according to the Supreme Court of Judicature’s Annual Report 2018 which was tabled in the National Assembly earlier this month.
Here is a breakdown of the applications filed in 2018: divorce with custody (45); divorce with maintenance (15); divorce with access (22); divorce with the division of property (98); and divorce with access and custody (30). The Family Court recorded an intake of 1129 divorce matters in 2018. When compared with 2017 which had an intake of 606 matters, the report noted that a “rapid increase” amounting to 46 per cent can be seen for 2018.
According to the annual report, 1253 petitions for divorce were before the Family Court in 2018. By the end of the reporting period, 912 Nisi Orders were granted, 139 applications were either withdrawn or dismissed, eight were struck out, and another 456 were concluded. At the end of 2018, 673 of these petitions were still pending before the court.
Importantly, at the end of 2018, there were 240 children accessing childcare facilities. This included 71 court referrals, 109 Child Care and Protection Agency (CC&PA) cases, 42 sexual offences matters, and 18 drop-ins. The Family Court, which was commissioned in 2016, is located in the compound of the Supreme Court of Judicature in Georgetown. It hears and determines all proceedings that touch and concern family matters. The procedure of the Family Court will be governed by the Family (Proceedings and Procedure) Rules 2016 (FPPR).
However, the FPPR is applied by Judges who are assigned to the Berbice and Essequibo jurisdictions of the High Court.
Applications can be made before the court 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. The Family Court is meant to encourage dispute resolution, including alternative dispute resolution mechanisms, and therefore facilitates a participatory approach to problem-solving so that family disputes can be dealt with justly and expeditiously while ensuring the welfare of family members, especially children.
Moreover, the Family Court has its own registry and includes a child-friendly space in the form of a Children’s Waiting Room for parties who are required to attend proceedings. The Family Court also works in close liaison with CC&PA in matters affecting the welfare of children.