Senior Courts Act 1981

Changes over time for: Cross Heading: Family Division

Version Superseded: 03/01/2019

Status:

Point in time view as at 21/12/2018.

Changes to legislation:

Senior Courts Act 1981, Cross Heading: Family Division is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Family DivisionE+W

3E+WTo the Family Division are assigned—

(a)all matrimonial causes and matters (whether at first instance or on appeal);

[F1(aa)applications for a writ of habeas corpus for release relating to a minor;]

(b)all causes and matters (whether at first instance or on appeal) relating to—

(i)legitimacy;

[F2(ii)the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor’s estate;]

(iii)F3. . . adoption;

(iv)non-contentious or common form probate business;

(c)applications for consent to the marriage of a minor [F4or for a declaration under section 27B(5) of the Marriage Act M1 1949];

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(e)applications under Part III of the Family Law Act 1986.]

[F6(e)proceedings under the Children Act 1989]

[F7(ea)proceedings under section 79 of the Childcare Act 2006;]

[F8(eb)proceedings under section 43 of the Children and Families (Wales) Measure 2010;]

[F9(ec)proceedings under Part 6 of the Social Services and Well-being (Wales) Act 2014;]

[F10(f)all proceedings under:—

(i)the [F11Part IV [F12or 4A] of the Family Law Act 1996];

(ii)the Child Abduction and Custody Act 1985

(iii)the Family Law Act 1986;

[F13(iv)section 54 of the Human Fertilisation and Embryology Act 2008;]

[F14(v)Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;]

[F15(vi)the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;]

[F16(fa)all proceedings relating to a debit or credit under section 29(1) or 49(1) of the Welfare Reform and Pensions Act 1999;]

(g)all proceedings for the purpose of enforcing an order made in any proceedings of a type described in this paragraph.]

[F17(h)all proceedings under the Child Support Act 1991.]

[F18(ha)all proceedings under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;]

[F19(i)all proceedings under sections 6 and 8 of the Gender Recognition Act 2004.]

[F20(i)all civil partnership causes and matters (whether at first instance or on appeal);

(j)applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 1 to the Civil Partnership Act 2004;

(k)applications under section 58 of that Act (declarations relating to civil partnerships).]

[F21(l)proceedings under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters, so far as relating to the recognition and enforcement in England and Wales of a protection measure (within the meaning of that Regulation) ordered in a Member State other than the United Kingdom.]

Textual Amendments

F1Sch. 1 para. 3(aa) inserted (6.4.2015) by The High Court (Distribution of Business) Order 2014 (S.I. 2014/3257), arts. 1, 4(b)

F2Sch. 1 para. 3(b)(ii) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 45(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F3Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4

F4Words inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 5

F5Sch. 1 para. 3(d) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 63; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6Sch. 1 para. 3(e) commencing “applications under” added by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 26 and Sch. 1 para. 3(e) commencing “proceedings under” added (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 9 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)