Family Law: The Courts

• Author: Fara Brown
• Profession: Attorney-at-law practising in Jamaica for over 30 years
• Pages: 376-388

10.

Family Law:The Courts

1. INTRODUCTION

2. THE SUMMARY COURTS

3. THE SUPREME COURT

4. THE COURT OF APPEAL

5. THE COURT OF JUDICIAL REVIEW AND CONSTITUTIONAL COURT

6. THE PRIVY COUNCIL

7. THE WAY FORWARD

INTRODUCTION

One of the best ways to understand how family law is practised

is to become familiar with the courts and the types of family law

applications that can be made in each court. Sometimes an

application can be made in more than one court, which immediately

begs the question: what are the advantages or disadvantages

in choosing to apply in one court rather than another? The vast

majority of family cases1 are dealt with in the lower courts that is in

the courts of summary jurisdiction. For over a century, these courts

came under the title of Resident Magistrate’s Courts, but by a recent

amendment 2 to the legislation they are now called Parish Courts.

The family law cases that are generally dealt with in the Supreme

Court are divorce cases and matters ancillary to those cases, in

particular, division of matrimonial property. As well as the usual

hearings, some family cases may be the subject of an appeal and

rarely an application may be made for judicial review. Where there

1. Maintenance applications.

2. Judicature (Resident Magistrates) Amendment and Change of Name) Act 2016.