Discover

The 'Family Proceedings Court' (FPC) is the name given to the magistrates’ court when members of the family panel sit to hear a family case. It is a court of first instance in England and Wales that deals with family matters. Cases are either heard in front of a bench of lay magistrates or a District Judge (Magistrates' Courts).

Contents

System of Family Courts

Jurisdiction

Rules of Court

Constitution

Family Panel

See also

External links

System of Family Courts

The present system of family courts was introduced following the implementation of the Children Act 1989.
Under this system, the following courts deal with family matters:
a. 'The family proceedings court'. This is the name given to the magistrates’
court when members of the family panel sit to hear this type of case.
b. 'The county court'. There are a number of ‘different’ county courts as far as
family proceedings are concerned. Some have no family jurisdiction at all.
Those which do always have jurisdiction to deal with divorce, but fall into one of
three categories:
i. County courts that only have a divorce jurisdiction.
ii. Family hearing centres. These county courts can, in addition to divorce
cases, hear contested private law cases and adoption applications.
iii. Care centres. These county courts can hear all family matters including
public law cases. The Principal Registry of the Family Division is the care
centre for London.
c. 'The High Court of Justice'. Normally the Family Division.
Work can move between the tiers as it is important that the case is dealt with at an
appropriate level.

Jurisdiction

The FPC's jurisdiction is dervied from the Magistrates' Court Act 1980.
The Children Act 1989 provides 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. Different
statutes may need to be considered depending upon the nature of the case. The
main provisions affecting law and procedure in the family proceedings court are
the:
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 plays a key role in what are termed:
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); and
b. private law cases (e.g. disputes between parents concerning the upbringing of
children).
'Other work dealt with includes:'
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, 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; and
ii. Orders for financial provision for spouses. Also included under this heading
is the enforcement of assessments made 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 are found in the The Family Proceedings Courts (Children Act 1989) Rules 1991 (as amended) and the Family Proceedings Courts Matrimonial Proceedings etc) Rules 1991 (as amended). Where those rules are silent on a matter then the Magistrates' Courts Rules 1981 (as amended) apply. The Family Proceedings Rules 1991 (as amended) do not apply to FPCs.

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 put in place in 2006 after the Courts
Act 2003 has been 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.

See also

★ Courts of England and Wales

★ Magistrate's Court

★ Family Law

External links

★ Her Majesty's Court Service

★ Judicial Studies Board

★ Ministry of Justice