The Family Court: An oasis in Guyana’s litigious wilderness

“Good morning, Sir. How can I help you this morning?” asked the chirpy young woman behind the counter.

“You can help me with a million dollars?” asked the man to whom to the question was posed.

“A million dollars? Well, I read in the newspaper this morning that a 75-year-old man won the lotto. They didn’t have his number because he would have heard from his long-lost granddaughter,” the young woman said as she laughed.

The two continued their banter until she got down to business and asked him the reason for his visit to the office.

I surveyed the office area as people walked in and out, some were lawyers, but others were just ordinary people. And while not everyone behind the counter was as chirpy as the young woman (she was really a sight to behold on an early morning) they were polite, and persons were not kept standing around not knowing what to do; they were quickly approached and asked if they were being assisted. I was asked that question about five times by different persons as I waited on someone who was being attended to.

The venue was the registry of the Family Court, located in the compound of the Supreme Court of Judicature. I visited twice last week and was pleasantly surprised at how helpful the various employees were, regardless of their positions.

I had no need for the services the court provides, but an acquaintance needed same and while I was happy to help to walk her through the paces, I also wanted the experience.

This column is basically about giving women an opportunity to talk about various experiences in their own words. But I felt it was necessary to write about my experience at the Family Court, especially in light of the fact that many women (and men) are in need in the services it offers.

The first day it was just about 9 am and the corridors were filled. The facial expressions varied, some looked anxious, others seemed angry and others just appeared lost. They were more men than women and some were checking out the court’s calendar, posted on a noticeboard, while some were being prepped (in one case reassurance was being given) by their attorneys.

I approached a few women and while many were not inclined to speak some indicated that they were there because of problems with their spouses, one had a custody case and yet another wanted to find out about division of property.

“I just come to find out if I could get help. I don’t really know it does work but somebody advise me to come here. I waiting now to see if I would get through,” a woman told me when approached.

I asked another woman how she felt visiting the court.

“The people are very helpful,” she responded. “I was a bit frighten when I first come because I never deal with court and so but them really help me to understand what I have to do and so, so I thankful.”

My next visit to the court saw me in the registry area and it was there I encountered the chirpy young woman, who, unfortunately, I was unable to engage.

A man entered with two children, both below the age of 5. One was in a sling and the other was walking, his little hand clutched tightly in his father’s. As soon as he took the child out of the sling, the man whipped out a baby bottle from his haversack, shook it and gave the child before he approached the counter. It was clearly not his first time there as he seemed at ease and spoke to the staff as if he was familiar with them. Shortly after, two staff members approached him and indicated that the children would be taken to the children’s room to be taken care of. He followed the staff members and returned later, minus the children.

It was at that point I recalled that the Family Court block is also outfitted with a Child Care Room where litigants can leave their minor children, while their matters are being heard. During this time, the children are cared for by childcare workers who are staff members of the court.

Importantly as well, the room is not limited to the children of litigants before the Family Court, but all litigants before the Supreme Court in general, who, when they have to attend court, would otherwise have no one to supervise their children.

I wondered how many persons were aware of this very important service.

The room caters for all minor children, from infancy to 17 years, and operates from Monday to Friday, between the hours of 8 am and 4.30 pm. Meals for the children utilising the room are provided for by the Child Care and Protection Agency, which falls under the ambit of the Ministry of Social Protection.

While I accompanied my acquaintance to the court, I was unable to be with her at all times even though we both desired this. As one official pointed out to me, persons are at times asked very intimate and personal questions and she preferred for them to be alone to ensure that they are comfortable answering.

At the end of the first phase of the process, which saw her visiting the court on three separate days (she still has to return at a later date) my acquaintance indicated that she was satisfied with the service she received.

“It was good. At least I didn’t feel frighten or anything and the way how they talk to me make me feel comfortable. But I don’t really like going to no court or anything, it is just not a good feeling and I don’t know why I have to do all this running around. It does really make me feel tired,” she told me later.

She just wants it to be “all over” but I had to remind her that it is a process and when it comes to family it cannot just be over with a snap of the finger.

“Look, when you getting marry you don’t go through all of this. Why now?” she asked with a frustrated look.

“But, you know, things happening, and I glad for the help I get from the court,” she added.

As I left the court, I felt the frustration of many who were there but I was also gratified that there is now a designated court to deal with some of the more sensitive family issues and that there are support staff from which persons can get the requisite assistance.

As we know the court also caters for potential litigants who may not have an attorney, and who have not yet initiated legal proceedings, to walk into its registry to seek guidance from its customer service representatives as to the way forward in beginning proceedings.

And according to last year’s report on the court’s work (it started operation in December 2016)   there were 520 family matters referred to the court during the year 2017. In 176 of these cases, Interim/Nisi orders were granted, 18 were withdrawn, eight struck out and 81 concluded. Left pending were 237 cases.

Before the commissioning of the court, family court hearings were conducted in the chambers of the various judges hearing such matters.

Today, however, the court has its own space, occupying the eastern block in the compound of the Georgetown Supreme Court of Judicature. Initially, there were two judges assigned to it, but today there is only Justice Sandra Kertzious.

Under the new dispensation, litigants remain before the one particular judge hearing their cases, from beginning to end.

The Family Court also has an on-site probation officer, who, on the court’s request, provides immediate observation of relations between children and parents, where the need arises.

A Childcare and Protection Officer would thereafter prepare reports after conducting follow-up interviews to update the court on the particular case.

The Family Court is providing valuable service to members of the public and I am happy that persons can get the much-needed assistance. It is not perfect, but each year hundreds of people visit for assistance and many receive the help they need.