Jurisdiction
The family proceedings court's jurisdiction was derived from the Magistrates' Courts Act 1980.
The Children Act 1989 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 (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
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.
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. [s.111A(4)]
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