Jurisdiction
The family proceedings court's jurisdiction was derived from the Magistrates' Courts Act 1980. ThePublic 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 theRules 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 theChairmen 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
*External links