Family Proceedings Court
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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 Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...
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 Law of the United Kingdom#Legal jurisdictions, 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. Th ...
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. 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 (c. 41) is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the p ...
provided the basis for most applications dealing with children. Beyond the Children Act 1989, 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 The Children Act 1989 (c. 41) is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the p ...
: 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 (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. Childrens Act 1989 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 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: 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 * Magistrates' court (England and Wales) * Family law


References

{{Reflist


External links


Her Majesty's Court Service

Judicial Studies Board

Ministry of Justice
* English family law Family courts