Chief Justice suggests improvements to the Family Court
The time had come to introduce some form of quality assurance system to monitor the work carried out by mediators in marriage separation cases, Chief Justice Vincent De Gaetano said today.
Speaking during a conference about families in the law courts organised by The International Commission on Couple and Family Relations (ICCFR) and the Cana Movement, the Chief Justice also argued that lawmakers should consider introducing a special warrant for lawyers in the Family Court to ensure they are trained to deal with the sensitive nature of the cases.
He explained that the bulk of cases before the Family Court were cases of separation and annulment. Since mediation was introduced, in 2003, couples seeking separation have had to first appear before a mediator before going for litigation. The mediator tries to reconcile the couple or work out an amicable separation.
Dr De Gaetano said that if the case moved on to litigation, the tension in the court room was often palpable. "The situation is not made easier when lawyers use inflammatory language to make some point or refer to the opposing party in very uncomplimentary terms," he said.
Furthermore, children were often used as pawns by their parents and sometimes, unfortunately, even by insensitive lawyers, hence the need for special training and a special warrant for lawyers.
Chief Justice De Gaetano explained that while judges' work could be assessed because hearings were open to the public, mediation took place in a room where only the parties, their lawyers and the mediator were present. It was for that reason that he would like some sort of quality assurance of the mediators.
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sarah portanier
Mar 13th 2010, 10:55
The Chief Justice's suggestions make sense. In fact, any kind of improvement to the Family Court procedures makes sense. A specific point in case is the archaic system of notification whereby the accused party is exempt from attending court hearings if not duly notified by the police and only the police. The system currently in force provides abusers with several loopholes. This in turn results in cases which go on interminably - causing severe emotional and often financial distress to the opposite party concerned and, in most cases, any offspring involved. It is a must that this outdated system be addressed immediately.
ALBERT FENECH
Mar 13th 2010, 04:43
Chief Justice Vincent De Gaetano has delivered a very accurate summary of the current situation in the Family Court. However, of greater concern is the long and drawn out process that has been excaserbated by the introduction of Mediation. Are there any statistics to illustrate whether Mediation has in fact had a measure of success in "patching up" couples hell-bent on separation or annulment? I know of many couples going through the process who see it as a complete waste of precious time and wish to abrogate the system and commence with litigation. Of great concern too is that in my experience there are many cases of women with children suffering to obtain maintenance and suffering even more to have placed measures of enforcement for securing this maintenance from would-be husbands who do their level best to evade their financial responsibility. Above all, there are tremendous costs involved and these too are excaserbated by lengthy delays and in some cases - grasping lawyers. There are many, many points of concern that cry out for a radical upgrading of current systems.
Joseph V. Grech
Mar 13th 2010, 01:50
Well done to Chief Justice deGaetano for recommending these improvements!
I respectfully wish to inform the Chief Justice that unfortunately even at the Planning Appeals Board there may be lawyers who behave insensitively and unethically.
The situation at the Planning Appeals Board is this: Both Applicant (with a Permit in hand) and Objector have lawyers representing them.
Then there is the legal counsel for Mepa - who actually sits on the side of the Applicant!
From my experience the latter throws his weight decidedly on the side of the Applicant. How can he do otherwise bearing in mind that Mepa has already issued the permit - a decision which must be defended? Such decision can only be justified if Applicant wins the case and the Objector loses it....
I personally know of one case when a lawyer presented incorrect submissions and, when this was pointed out to him he never apologised and acted as if nothing had happened.
Another thing: why does the Planning Appeals Board hear cases at intervals of three or four months? There are other issues involved which we need not go into here.
This unpleasant situation needs rectifying, so, hopefully, the Chief Justice will investigate.
Dr Emm.Bezzina,LL.D.,MAG.JUR.
Mar 12th 2010, 22:10
These comments by the Chief Justice are welcome as it reflects the preoccupation at higher echlecons of power about the many short comings of our FAMILY COURT relating to which I have long been commenting both in the print and in the broadcasting media for a number of years.CHILDREN go through disastrous traumas in Separation Cases as they are being regularly abused of by either parents one way or other,though of course one must not generalize.We have a number of commendable Mediators accredited to the Family Court,but the obligatory MEDIATION is not commendable at all.In most cases,the Sessions are no more than waste of time,as each side utilizes these Sessions to size up the factual and legal amunition that either side possesses.Abuses are made indeed as the Chief Justice pointed out,particularly in the fields of Maintenance,Child Access,issuing of Garnishee & Inhibition Warrants and requests for eviction from the Conjugal Homes.There are other flagrant abuses but not an adequate infrastructure to control such abuses.Article 38 relating to ADULTERY with its implications is being regularly ignored:hence a woman who is co-habiting with a second lover had the audacity to request and obtained two Warrants amounting to €300,000!