Before now, what is now known as Family Court was actually Child or Juvenile court. The concept arose in the late nineteenth century and the British doctrine of parens patriae ( the State as parent) was the rationale for the right of the State to intervene in the lives of children in a manner different from the way it intervenes in the lives of adults. The interpretation of the doctrine is that, because children were not of full legal capacity, the State had the inherent power and responsibility to provide protection for children whose natural parents did not provide appropriate care or supervision due to justifiable or no justifiable reason.
In the 1993 Resolution, the National Council of Juvenile and Family Court Judges’ Board of Trustee recommended that the family court should handle all family cases relating to juvenile delinquency, dependency, status offences, paternity, custody, support, mental health, adoption, family violence and marital dissolution.
However, Rubin and Flango (1992) argued that family court jurisdiction should include at least juvenile delinquency, abuse, neglect and marriage dissolution. They as well as other authorities use this criteria to define and establish what is in fact a Family Court. Rubin and Flango are of the view that the inclusion of criminal cases within the jurisdiction of a family court would extend the family court beyond it’s role as civil court. The two further submitted that consideration would also need to be given to the propriety of having the same family court hear both the criminal charge of parental abuse and the corresponding civil protection proceeding that alleged parental abuse against the same child.
Recently, the notion of a “Family Court” has received considerable attention in Nigeria. Lagos State established its Family Court under section 138 of the Child’s Rights Law of 2007.Prior to the enactment of the 2007 Law, there was no Family Court in Lagos State. Issues pertaining to the child were dealt with in the juvenile court, constituted by the Chief Judge of Lagos State under section 6 of the Children and Young Persons Law Cap. C10, Laws of Lagos State 2003. The 2007 Law is, therefore, the origin of and the enabling law for the Family Court in Lagos State. On October 20, 2010, the Chief Judge of the Federal Capital Territory, Justice Lawal Hassan Gummi, commissioned the ultra-modern Family Court in Apo District. The court’s key responsibilities as contained in the chief judge’s speech, include adjudicating on matters involving children and young persons and matrimonial causes as they relate to child custody and divorce. The Court was established pursuant to Sections 149 and 204 of the Child’s Rights Act of 2003.
In Oyo State, due to the growing trend and numerous cases of abuse and violations of the right ‘of the child which manifest as sexual abuse, female genital mutilation (FGM), domestic violence, child clubbed witch, neglect, physical and emotional abuse, child labour, street children, bullying, denial of basic education, abandonment, discrimination, underage marriage,underage pregnancy, economic exploitation, violence against children and other related vices, Oyo State Judiciary,under the leadership of Honorable Justice Munta Abimbola, erected the first venue of Family Court at Ibadan 9th of July, 2020, before repeating same at Saki February 2022.
Meanwhile,studies have shown that children who are victims of abuse or even witness family violence are at high risk of increased aggression and behavioral problems.This is why many advocates of family court is of the belief that family law and the courts should work to resolve as many of the family’s legal problems in as few procedures as possible. That is, every family court should have jurisdiction over all necessary methods of enforcement and all laws involving children or families. They also maintain that proper coordination of the courts handling of family matters will recognise the importance of the family as the primary socializer of its children. It will also acknowledge and ensure that court proceedings does not have much negative psychological impact on the developmental nature of children.To achieve this,many substantive and procedural laws have been put in place.
For instance, the procedure to make the setting of the family court more child friendly has been stipulated in the family laws to include:-
a. The child sits next to his/her parents and defence advocate for support and comfort.
b. The entire arrangement is around a table, rather than in a form dock/courtroom setting dock/courtroom setting.
c. The prosecution and defence sit opposite each other, preventingthe child from sitting directly opposite the prosecutor.
d. The social welfare officer and clerk sit opposite the judge or magistrate, positioned in a neutral position, i.e not on either side.
e. The prosecution witness sits next to the prosecutor, not directly opposite, the child. f. No uniforms or formal court attire.
g. lnquisitorial (not adversarial) process.
h. Avoid formal and/or confusing language .
i. Magistrate to help the child ”present his/her case and to understand proceedings,
j. Interpreter provided for children.
k. Legal representation/guardian ad litem to be provided to assist children.
I. Proceedings held in camera, which includes in closed courtrooms and other rooms.
m. Proceedings held in confidence and’participants/ the press prevented from publishing identifying in information.
n. If the prosecution witness is a child, the court personnel may agree that itis best to have the child testify from behind a screen, or from a witness box.
Therefore, the creation of Oyo State Family Court is an idea out of ballpark.This development is also coming at a time when matters of domestic violence are getting out of hands in our community. The Oyo State Judiciary has simply thought out of the box by answering the increasing questions disturbing the society in the area of juvenile delinquency, child neglect,premarital pregnancy, dependency, child abuse, adult misdemeanor crimes against juveniles, child and spouse support, paternity of children, custody and visitation of children, adoptions, terminations of parental rights, divorces and annulments.
Not only these,there are also many questions in the area of property divisions, specific enforcement of separation agreements, guardianship over minors, imperiling the family relationship, orders of protection from abuse and intra-family misdemeanor crimes.
In fact, Family Court now also has misdemeanor jurisdiction over offenses committed between former spouses, persons cohabitating together holding themselves out as a couple, and persons living separate and apart with a child in common.
So, Family Court in the state will provide equal access to justice,in respect of the above highlighted grievances, for the families and children in our society in a manner that is fair and efficient and that maintains the public’s trust and confidence in an independent and accountable judiciary. The Family Court will ensure speedy trial in matters relating to child’s rights,protection,welfare and sustain the ethos of judiciary of being the hope of the common man. Citizens are hereby enjoined to make use of this opportunity provided by the Government to settle their scores in a judicial way instead of taking laws into their hands.
The Government is also therefore urged to empower the judiciary so as to be able to spread the venues of this Court to other parts of the State in order to make justice accessible to all.
Afeez Kilani, a Saki-born prince writes from Abuja, the Federal Capital City. He can be reached via kilaniafeezolarinre@gmail.com
