Annual Report of the Judiciary of Trinidad and Tobago 2012-2013 Annual Report 2012-2013 | Page 13

The Family Court How the Courts Operate The Family Court, with arms of both the High Court and the Magistracy, is a special problem solving Court, intended to develop, implement and evaluate alternative approaches and improve services to citizens seeking help from the Judiciary in dealing with family disputes. Since its inception, the Family Court has implemented and evaluated a number of innovations. These include the development of a unified Court Office for both High Court and Magistrates’ Court matters, and ensuring that customers have access to a multi-door/one-shop Court that includes on-site alternative dispute resolution processes such as mediation, intake, social work intervention, probation and child and youth day care services. Initial operations were restricted to the St George West jurisdiction, but approval has been granted by the Cabinet for the roll out of the Court to other locations, beginning with San Fernando where the old St Joseph’s Convent building has been acquired for this purpose. As provided under the Trinidad and Tobago Constitution, only the Judiciary can determine who is to prevail in conflicts that arise between individuals; between Government and the governed, including those accused by the State of disobeying the law; between individuals and corporations; and between organizations, both public and private. Courts resolve disputes by applying the law to the facts of particular cases, independently and impartially. In a Court, every party has the absolute right to an arbiter who is neutral and independent of the parties to that case and their advocates. In the Magistracy, High Court and the Court of Appeal the arbiters are Magistrates, Puisne Judges, Masters, Registrars or Assistant Registrars, and Justices of Appeal, respectively. Department of Court Administration The Department of Court Administration (DCA), a professional management department, headed by a Court Executive Administrator (CEA) provides support to the Court and its Judges in the performance of their core function of delivering justice. The DCA operates, in effect, as an extension of the Judge’s mandate for managing the Courts and their cases under the direction and supervision of the Chief Justice. With a range of specialised units under its purview, the DCA’s role involves the study, review, implementation and management of the systems, procedures and processes utilised to manage cases brought before the Courts. It also ensures that case flow management techniques are adequately supported for minimum delay between the filing and disposition of a case, while ensuring due process is afforded equally to all who appear before the Courts. In this regard, the DCA’s role has not only been to ensure that cases are managed efficiently and effectively from commencement to disposition, but also, and most importantly, to preserve, through that management, impartiality and integrity in the adjudication process as gatekeepers of the principles of due process. The Judiciary is obliged to ensure that all who come before the Court must be treated respectfully, fairly, and equally, that their cases must receive individual attention, that the law must be correctly applied to the facts, and regardless of economic or other status, they must receive equal access. The processing of cases and the application of the law to the facts in individual cases must be consistent and predictable. 11 Reshaping the Judiciary Identity