There is a need in Grenada to develop a Family Court that is specified for Family Matters in our Family

Law System.
By: Dareem Antoine| Lecturer: Ms. Johnson
DATE:
05/04/2012
LAW INTERNAL ASSESSMENT

Title:
There is a need in Grenada to develop a Family Court that is specified for Family Matters in our
Family Law System.


Aims and Objectives:
1) To assess the need for a Family Court in Grenada
2) To discuss the issues raised by the establishment of such a court in Grenada
3) To determine how these needs and issues are solved by different Family courts
4) To recommend the extent to which this should be adapted to the proposed Family Court of
Grenada


Methodology:
1) Research; This includes the use of the Internet, Books, Law Dictionaries, Law Treatises,
Cases, Statutes and the like, to obtain information as it relates to the topic. It will be
beneficial as it will provide a means for accumulating information from accepted sources.
2) Semi Structured Interviews; Such a method denotes the obtaining of information by
questioning the relevant individuals. This topic warrants the use of interviews as it is practical
and, further, there exists little printed material on the Family Law System of Grenada.


Introduction:

For the law to be an effective tool for social engineering, it must have the following features as
proposed by Professor Joseph Raz in The concept of a Legal System: An Introduction to the theory of a
Legal System; it must be normative, institutionalised and coercive. The family, which is the basic unit in
society, must be provided for by law. Therefore, law made for the family (aptly named family law) has to;
set out a code for human behaviour, as relates to family life (normative); establish institutions with the
authority to and modify and applies the code (institutionalised); have guaranteed obedience to the code
and its application. For the purpose of this research paper, one must pay particular attention to the
institution that applies the Family Law, which should be the Family Court.
On the Caribbean side of things, this concept first marked our territories as Jamaica passed its
Judicature (Family Court) Act in 1975, thereby creating in Jamaica, a single court that has jurisdiction
over all family matters, exclusive to those relating to divorce. The concept has then found root in Belize,
St. Vincent and St. Lucia,
1
by virtues of the Family Court Act 1988, the Family Court Act 1992 and the
Family Court Act of 1995, respectively. Since the publication of Belle Antoines book, Trinidad has
adopted such a court, in 2004, but this one was not governed by an Act but by Rules. Grenada, does not
have a court that is specialised in its Family Law System, and so the jurisdiction to adjudicate family
matters is vested in both the High Court and Magistrates Court, therefore the topical issue for this
research paper is, There is a need in Grenada to develop a Family Court that is specified for Family
Matters in our Family Law System.



1
Rose-Marie Belle Antoine. Caribbean Law and Legal Systems
Findings

Reasons for the Formation of a Specialised Court
The concept of specialised courts and tribunals emerged as a response to the need for adjudicating bodies
which would give separate attention and expertise to certain matters that could not be properly addressed
in the ordinary courts of law. There are a number of reasons why the ordinary courts may be considered
inadequate to address these matters. It may be for expediency. For example, there may be an
overwhelming bulk of legal matters to be determined in a particular subject area. Another reason is that
the nature of certain matters may go beyond the boundaries of the strictly legal or could be highly
technical and specific. . Alternatively, such bodies could be established to highlight the importance and
uniqueness of a particular area of law. A specialised court or jurisdiction may also be set up to integrate
related matters which are dealt with in various other places. The special function of these courts us
usually supported by the use of specialised or expert personnel in the related field.
2


Semi-Structured Interview with Anna St. Juste (A Case worker at the Legal Aid and Counselling Clinic)
Question: Concerning Family Law Matters that may come before the court, would you say that they are
strictly legal in nature?
Answer: Yes. It is a mixture of legal and social issues. It is social because it often deals with family
relations and other consideration, which the law makes no provision for.
Question: Do you believe that the Judges or Magistrates are adequately prepared to deal with the nature of
the issues t ta arise form Family Matters?
Answer: Absolutely Not! The Judges and Magistrates in Grenada have learnt through trial and error, and
most have become more inclined to dealing with family matters form experience. However, because of
this, the judicial philosophy used to decide cases is not uniform. For instance, the Magistrate in St.
George deals with family matters in her own way and using her own style, while those in the other
districts have their own style. Sometimes these styles work and other times they dont.
The Uniqueness of Family Law
Family Law is unique as it deals with, the breakdown of family life [which can be] the root cause of
many serious problems in our society (such as incest and child abuse, increasing numbers of street
children, rampant domestic violence, increased youth crime and indiscipline in schools).
3

Maintenance Act, 1990

2
Rose Marie B. Antoine. Commonwealth Caribbean Law and Legal System. London: Cavendish Publishing Co., 1999
@p. 345
3
Lambert Peterson J, Betsy Ann. To All Things (Wo)Men: The Family Court of Trinidad and Tobago Pilot Project.
[Port-of-Spain, Trinidad and Tobago, Family Court], 2004, (Unpublished Paper)
This act gives the jurisdiction to the Magistrates Court to try issues of Maintenance, Custody and
Paternity.

Child (Protection and Adoption) Act, 2011
This gives the High Court the jurisdiction to try matters relating to Access and Committal to Care Orders,
Interrim Orders, Adoption Orders and, Admission to Child Care Home.

Matrimonial Causes Rules
The above act gives the High Court jurisdiction to decide matters relating to Nullity, Divorce and Legal
Separation.

Legitimation Act, 1990
This gives the High Court the jurisdiction to preside over matters pertinent to a Decree of Legitimation.

Domestic Violence Act, 2010
This act provides that the jurisdiction to see matters relative to Protection Orders, Exclusion Orders,
Tenancy Orders and Ancillary Orders are vested in both the Magistrate Court and the High Court

Issues relating to the Establishment of a Family Court
To be effective, a family court must have sole jurisdiction in all matters and apply a uniform law. This
immediately raises the question of the scope of Family Matters; specifically, should they include the
Juvenile Courts criminal jurisdiction, and jurisdiction to make care orders? .... The second fundamental
question is what the function of a Family Court should be...
4


Hinds et ors v. R
5

In this case, the Legislature of Jamaica passed the Gun Court Act 1974, under which the appellants were
convicted. The Court was not established using the procedure specified in s. 49 of the Jamaica
Constitution Order, 1962 (equivalent to s. 39 of the Grenada Constitution Order, 1974). One issue raised
by the court was whether or not the provisions of the Act which provided for the establishment of a Full

4
P.M. Bromley and N.V. Lowe. Bromleys Family Law. London: Butterworths, 1987 @ p. 15
5
Citation: (1975) 24 WIR 326
Court Division, consisting of three Resident Magistrates were in conflict with the constitution of Jamaica.
The court held that such provisions were in conflict and therefore void, as they tried to transfer the
entrenched jurisdiction of the higher judiciary to the lower judiciary without using the method specified
by s. 49 of the Constitution.