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{{CourtsEnglandWales In England and Wales, family proceedings court was the name given to a
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...
when members of the court's family panel sat to hear a family case. It was a court of first instance in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
that dealt with family matters. Cases were either heard in front of a bench of lay magistrates or a district judge (magistrates' courts). From 22 April 2014 the family proceedings court has ceased to exist and its functions were absorbed into the new single Family Court following the enactment of the
Crime and Courts Act 2013 The Crime and Courts Act 2013 (c. 22) is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012. Its main purpose is to create the United Kingdom National Crime Agency which replaced the Serious Or ...
. Magistrates continue to sit in family proceedings in the way described but within a different court arrangement.


Jurisdiction

The family proceedings court's jurisdiction was derived from the Magistrates' Courts Act 1980. The
Children Act 1989 The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on t ...
provided the basis for most applications dealing with children. Beyond the 1989 Act, magistrates continue to have quite separate powers to make maintenance orders between spouses to protect them from one another, to protect ‘associated persons’ and to regulate occupation of the family home. The main provisions that affected law and procedure in the family proceedings court were: a. Domestic Proceedings and Magistrates’ Courts Act 1978 b. Magistrates’ Courts Act 1980 c. Adoption and Children Act 2002 d. Child Support Act 1991 e. Children Act 1989 f. Family Law Act 1996.


Public law and private law cases

The family proceedings court played a key role in what are called: a. Public law cases (e.g. applications for care or supervision orders in respect of children who are at risk, usually brought by local authorities) b. Private law cases (e.g., disputes between parents concerning the upbringing of children)


Other work

a. Applications by spouses for financial provision for themselves, i.e., provision for parties who remain married—maintenance arrangements for children are for the most part dealt with by the
Child Support Agency The Child Support Agency (CSA) was a delivery arm of the Department for Work and Pensions (Child Maintenance Group) in Great Britain and the former Department for Social Development in Northern Ireland. Launched on 5 April 1993, the CSA was to ...
(CSA) b. Non-molestation orders to prevent domestic violence and involving, where appropriate, the use of powers to arrest c. Occupation orders to keep a spouse out of the family home and also involving, where appropriate, the use of powers to arrest d. Declaration of parentage e.
Adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
, i.e., orders giving parental rights and duties in respect of a child to adoptive parents f. Enforcement concerning, for example: i. 1989 Act cases ii. Orders for financial provision for spouses, including enforcement of assessments by the CSA and of maintenance orders from abroad, and vice versa (known as ‘reciprocal enforcement’) g. Variation and enforcement of ‘old’ maintenance cases.


Rules of court

The rules of the family proceedings court were in ''The Family Procedure Rules 2010''. Where those rules are silent on a matter then the Magistrates' Courts Rules 1981 (as amended) applied.


Constitution

Family proceedings courts must be made up of three magistrates from the family panel and include a man and a woman, unless this is impracticable, when a minimum of two is allowed. A family proceedings court may comprise a district judge as chairman and one or two lay justices who are members of the family panel. If this is not practicable the district judge may sit alone.


Family panel

Family panels are made up of magistrates elected by their local colleagues for this work on the basis of their aptitude and personal suitability (except in London where different arrangements exist). In addition to their special duties in the family proceedings court, members of the panel continue to serve in the ordinary magistrates’ court. Different arrangements for the selection of magistrates to sit in the family proceedings court are likely to be in place in 2006 after the
Courts Act 2003 The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review" ...
is fully implemented.


Chairmen and deputy chairmen

The panel appoints its own chairman. It also elects enough deputy court chairmen to ensure that family proceedings are always chaired by someone trained for this role. Different provision for chairmen will also be in place from 2006.


Appeal from magistrates' court in family matters

Provisions contained within the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 s.4 insert s.111A into the Magistrates' Courts Act 1980. This section dictates that: "(1) This section applies in relation to family proceedings in a magistrates' court." "(2) Any person who was a party to any proceeding before the court, or is aggrieved by the order, determination or other proceeding of the court, may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by appealing to a county court.” Subsequently, all appeals from a magistrates' court will now be dealt with by the County Court and will have 21 days in which to file the appeal. .111A(4)


See also

*
Courts of England and Wales The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have ...
*
Magistrates' court (England and Wales) In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were ...
*
Family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...


External links


Her Majesty's Court Service

Judicial Studies Board

Ministry of Justice
Magistrates' courts in England and Wales English family law Family courts