The Family Court
20.
Although the High Court has divorce and adoption jurisdiction almost all divorce and family work is done at District Court level in a specially constituted Family Court with three judges and its own staff and office. This is generally regarded as an improvement on all previous systems. It is argued that special experience is essential and therefore that changes of judge should be as infrequent as
possible.
21.
Some changes have been suggested. They are on the one hand that the work should be treated as High Court work and on the other that some of it should be done in the Magistracy. The majority opinion in the Judiciary, however, favours leaving it where it is. The Bar Association is especially concerned about the need to recognise the importance of the work, its volume and the need for experienced judges. I agree with this view both on grounds of effectiveness and because centralisation on a small body of judges and one office is sure to be more efficient than anything else that could be devised. It is said that Magistrates could handle some of the work such as questions of maintenance and that they would be more accessible but I would advise that centralisation and uniformity are of crucial importance in this field. This is not to say that there cannot be a change of judge from time to time. As many as practical should be experienced in more than one field.
22.
Three other suggestions might be considered: first, the right of a single party to transfer a family matter to the High Court at any stage is a source of inconvenience and cost and can be exercised unfairly; secondly, the High Court's Jurisdiction over wardship could now be transferred to the District Court; thirdly, there may be a move to transfer juvenile work from the Hagistracy to the Family Court.
90
No comments yet.
Private notes are available after approval.