Part II Civil Jurisdiction and Procedure

Domestic proceedings

C165 Meaning of domestic proceedings.

1

In this Act “F1family proceedings” means proceedings under any of the following enactments, that is to say—

a

the M1Maintenance Orders (Facilities for Enforcement) Act 1920;

b

section 43 F2 of the M2National Assistance Act 1948;

c

section 3 of the M3Marriage Act 1949;

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

F4e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5ee

section 35 of the Matrimonial Causes Act 1973;

f

Part I of the M4Maintenance Orders (Reciprocal Enforcement) Act 1972;

F4g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

the M5Adoption Act 1976, except proceedings under section 34 of that Act;

i

section 18 F2 of the M6Supplementary Benefits Act 1976;

j

Part I of the M7Domestic Proceedings and Magistrates" Courts Act 1978;

F6k

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l

section 60 of this Act;

F7m

Part I of the Civil Jurisdiction and Judgments Act 1982, so far as that Part relates to the recognition or enforcement of maintenance orders;

F8m

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9m

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10n

the Children Act 1989

F11n

section 106 of the Social Security Administration Act 1992;

F12o

section 20 (so far as it provides, by virtue of an order under section 45 F13, for appeals to be made to a court) or section 27 of the Child Support Act 1991; except that, subject to subsection (2) below, it does not include—

i

proceedings for the enforcement of any order made, confirmed or registered under any of those enactments;

ii

proceedings for the variation of any provision for the periodical payment of money contained in an order made, confirmed or registered under any of those enactments; or

iii

proceedings on an information in respect of the commission of an offence under any of those enactments.

F14p

Part IV of the Family Law Act 1996;

2

The court before which there fall to be heard any of the following proceedings, that is to say—

a

proceedings (whether under this Act or any other enactment) for the enforcement of any order made, confirmed or registered under any of the enactments specified in paragraphs (a) to (k) F15(m), (n) and (p) of subsection (1) above;

b

proceeding (whether under this Act or any other enactment) for the variation of any provision for the making of periodical payments contained in an order made, confirmed or registered under any of those enactments;

c

proceedings for an attachment of earnings order to secure maintenance payments within the meaning of the M8Attachment of Earnings Act 1971 or for the discharge or variation of such an order; or

d

proceedings for the enforcement of a maintenance order which is registered in a magistrates’ court under Part II of the M9Maintenance Orders Act 1950 or Part I of the M10Maintenance Orders Act 1958 or for the variation of the rate of payments specified by such an order.

F16e

section 20 (so far as it provides, by virtue of an order under section 45, for appeals to be made to a court) or section 27 of the Child Support Act 1991.

may if it thinks fit order that those proceedings and any other proceedings being heard therewith shall, notwithstanding anything in subsection (1) above, be treated as F1family proceedingsfor the purposes of this Act.

3

Where the same parties are parties—

a

to proceedings which are F1family proceedingsby virtue of subsection (1) above, and

b

to proceedings which the court has power to treat as F1family proceedingsby virtue of subsection (2) above,

and the proceedings are heard together by a magistrates’ court, the whole of those proceedings shall be treated as F1family proceedingsfor the purposes of this Act.

4

No appeal shall lie from the making of, or refusal to make, an order under subsection (2) above.

5

Until the M11Adoption Act 1976 comes into force subsection (1) above shall have effect as if for paragraph (h) thereof there were substituted the following paragraph—

h

The Adoption Act 1958,the Adoption Act 1960 or Part I of the Children Act 1975, except proceedings under section 42 or 43 of the Adoption Act 1958.

6

Until the M12Child Care Act 1980 comes into force subsection (1) above shall have effect as if for paragraph (k) thereof there were substituted the following paragraph—

k

Section 87 or section 88 of the Children and Young Persons Act 1933 or section 26 of the Children Act 1948.