Reem Leila looks at the latest developments in the genesis of the Family Court -- a kinder, gentler judicial alternative for troubled family ties The justice minister has approved the draft law of the new Family Court, paving the way for the law to be discussed and eventually passed by parliament. The new courts are meant to make the resolution of family disputes easier for all parties involved. According to National Council for Women (NCW) Secretary-General Farkhonda Hassan (the NCW, along with the Justice Ministry, helped prepare the draft law), the Family Court has been designed as a "one stop shop" combining courtroom facilities with services and programmes meant to assist families. "Alternative dispute resolution, mediation, and other processes will be used in divorce cases to assist both parties in resolving their disputes amicably, in order to spare couples the hassles of extensive legal procedures," Hassan said. The counselling and mediation sessions offered by the court will be free of charge, and only when these efforts fail will cases actually reach the court. According to Hassan, this kind of system has proven successful in Family Courts all over the world, making them the norm rather than the exception. "In countries with family courts, less than 0.5 per cent of cases go to trial," Hassan said. According to Maged El-Sherbini, a prominent lawyer and a member of the high-ranking committee that drafted the law, female sociologists and psychologists will be on hand at the courts to mediate in family disputes. These professionals will first be trained at the NCW, El-Sherbini said. According to Mahmoud Ghoneim, a Supreme Constitutional Court (SCC) counselor who is also a member of the high-ranking committee, filing cases at the new family courts will be free of charge. The court will also include an alimony fund, part of the budget for which will come from extra fees that will be paid by couples as part of the standard marriage contract. The Nasser Social Bank will also help fund the alimony allotment. "This fund will be used to quickly provide women and children with their alimony. The money will then be collected from the husband," El-Sherbini said. If the husband is a government employee, 50 per cent of his salary will automatically be deducted towards alimony. If he works in the private sector or has his own business, a special department at the court will be specially charged with following up to ensure payments are made. "In cases where the husband insists on not paying the alimony," El-Sherbini said, "he will be immediately imprisoned until he does pay." The Justice Ministry also intends to make the courts child-friendly. A spacious garden, and courtrooms specially designed to spare children the psychological impact of trials, are part of this plan. Until these newly designed courts are finished in 2006, the family courts will be housed in a special section of the nation's Personal Status Courts.
