DUBAI: A senior judicial official of Dubai has said courts may not be the best option in solving family disputes.
“Most of the solutions by the courts are not efficient due to different reasons,” said Mohamed Rustum Bu Abdulla, Advocate General.
“Such reasons include the issues that the courts issue the judgment in accordance with the laws, so the essence of the problem is not solved. The court issues its judgment in favor of one party over the other, so there will be a loser and winner party in one family – which may develop [further] to become something that would not be expected,” he pointed out.
He said an option is to resolve the dispute.
Statistics indicate a high ratio of reconciliation in cases submitted to prosecutors. 39 per cent of such cases were reconciled last year, up from 36 per cent in 2015.
Family & Child’s Rooms
The Dubai Public Prosecution (DPP) has created a ‘Family Conciliation Room’ where officials will aim to solve any disputes and disagreements between family members in the cases were DPP prefer to close the case and finish it in amicable way without transferring it to courts.
A special room has also been created at Dubai’s Family and Juvenile Prosecution, where children can be interviewed in a friendly environment. The aim is to enable easy and friendly conversation with children away from mental pressure and normal interrogation ways and techniques, said a statement.
The two rooms were inaugurated by Esam Issa Al Humaidan, Dubai Attorney General.
Family welfare leads to the welfare of society, said Humaidan.
Child’s Room
Family and Juvenile Prosecution have prepared an environment that protects the privacy of the child. The child would be accompanied by female specialists in child behavior to monitor reactions according to best global criteria and practices.
This initiative aims to protect the children’s rights. The room was prepared with help of child psychologists.
It aims to release children’s tension, emotional outbursts or releasing the emotional suppression by allowing them to play and draw in a friendly environment.
During such activities, the child would express his struggle and relation with the other family members and with the one in his community, which he represents them in toys that he play with or draw.
The room was prepared with decoration, colors and tools that attracts children and feed their interests while distancing them from psychological tension and serious work mode, said Mohamed Rustum Bu Abdulla, Advocate General.
Categories dealt with are the children under custody and referred from Shariah courts, along with child victims in criminal and juvenile cases. The child’ room project creates a safe environment in which children can express themselves through various types of games and drawing.
This helps reveal aspects of the child’s personality and helps him to recall past events and to face psychological and behavioral problems. It allows him to express his hidden and repressed desires along with any aggressiveness and negative inclinations and to transfer it to the game or drawing.
Child Interview
Mrs. Sana’a Rashid Alajmani, Head of Section at Family and Juvenile Prosecution, explained how a child is interviewed.
The specialist would start by making a relationship with the child so the child would be comfortable and play or draw in freedom. After that the child would be granted the freedom to choose any games or to make any playground for playing without any interruption, threat, blame, control or punishment. The specialist may participate or not in the games of the child according to the child’s wish. When the child starts integration with the toys the specialist would monitor his way of play and observe the roles performed.
Sana’a added that the specialist try to have positive impact during participation with the child in his games so she can reveal the conflicts and despair of the child during playing. After the child finish playing, the specialist asks the child about the roles that he gave to the dolls and toys during his play, why he destroy that toy, why he kept other toy by his side, and other questions that reveal the nature of the problem that the child suffer from.
Family Conciliation
Bu Abdulla said many family disputes are referred to courts as people may not know of other ways to solve them.
Most of the solutions by the courts are not efficient due to different reasons. Such reasons include that the courts issue the judgment in accordance with the laws, so the essence of the problem is not solved, and the court issue its judgment in favor of one party over the other, so there will be a loser and winner party in one family which may develop to become something that would not be expected.
Statistics indicate a high ratio of reconciliation in the cases submitted to prosecutors in 2016 to reach 39% compared with 36% in 2015.
Prosecutors have experiences that qualify them to measure the level of damage; hence they resort to persuade the parties to make reconciliation and be tolerant. In cases of abuse and slander between spouses, when such cases are transferred to the court, the children are affected by the judgment which is issued against one of the parents.
The aim of creating reconciliation room is to solve domestic disputes between spouses and between family members, and to spread the spirit of tolerance and make settlements between spouses and protect the family and avoid divorce.
The consequences of such cases are neglect and displacement of children.
This is a judicial mechanism to save and protect the family from separation and divorce in addition to quickness in disposition of cases and disputes. Any of the parties may review decisions by free will or through a suggestion from public prosecution.
– By Sheena Amos