PART 5Distribution of business of the family court
General13
1
This Part makes provision for the distribution of business of the family court among the judges of the family court.
2
Rules 15 and 20 are subject to rule 17.
3
Rules 15, 16, 17, 18, 19 and 20 make provision regarding the level of judge of the family court to which a matter is to be allocated initially.
(Rule 29.19 of the Family Procedure Rules 2010 makes provision for a judge of the family court to determine that a matter should be heard by a different level of judge of the family court.)
Persons who may exercise jurisdiction of the family court14
Subject to the provisions of this Part or of any other enactment, any jurisdiction and powers conferred by any enactment on the family court, or on a judge of the family court, may be exercised by any judge of the family court.
Allocation of proceedings in Schedule 115
1
An application in a type of proceedings listed in the first column of the table in Schedule 1 shall be allocated to be heard by a judge of the level listed in the second column of that table.
2
Paragraph (1) and the provisions of Schedule 1 are subject to the need to take into account the need to make the most effective and efficient use of local judicial resource and the resource of the High Court bench that is appropriate given the nature and type of the application.
Allocation of emergency applications16
1
2
An application of a type referred to in paragraph (3) shall be allocated to the first available judge of the family court who—
a
where applicable, is authorised to conduct the type of business to which the application relates; and
b
would not be precluded by Schedule 2 from dealing with the application.
3
The types of applications are those—
a
under—
i
section 33 of the 1986 Act23 (disclosure of information as to the whereabouts of a child);
ii
section 34 of the 1986 Act24 (order authorising the taking charge and delivery of a child);
iii
section 44(1) of the 1989 Act (emergency protection order);
iv
section 44(9)(b) of the 1989 Act (varying a direction in an emergency protection order given under section 44(6) of the 1989 Act);
v
section 45(4) of the 1989 Act (extending the period during which an emergency protection order is to have effect);
vi
section 45(8) of the 1989 Act (to discharge an emergency protection order);
vii
section 45(8A) of the 1989 Act25 (to vary or discharge an emergency protection order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged);
viii
section 45(8B) of the 1989 Act26 (to vary or discharge an emergency protection order in so far as it confers powers of arrest attached to an exclusion requirement);
ix
section 48(9) of the 1989 Act (warrant to assist in discovery of children who may be in need of emergency protection);
x
section 50 of the 1989 Act27 (recovery of abducted children);
xi
section 102(1) of the 1989 Act (warrant for a constable to assist in the exercise of certain powers to search for children or inspect premises);
xii
Part 4 of the 1996 Act28 which are made without notice, except where the applicant is under 18 or where an application for an occupation order under section 33 of that Act requires a determination of a question of property ownership;
xiii
section 41 of the Adoption and Children Act 200229 (recovery order); or
xiv
section 79 of the Childcare Act 200630 (warrant for a constable to assist in the exercise of powers of entry); or
b
which are not referred to in paragraph (a) but which require the immediate attention of the court.
4
An application of a type listed in paragraph (5) shall be allocated to the first available judge of the family court, other than lay justices, who, where applicable, is authorised to conduct the type of business to which the application relates.
5
The types of application are those under—
a
Part 4 of the 1996 Act which are made without notice and where the applicant is aged under 18 or where an application for an occupation order under section 33 of that Act requires a determination of a question of property ownership;
b
Part 4A of the 1996 Act31 which are made without notice.
Allocation: applications in existing proceedings or in connection with proceedings that have concluded17
1
Subject to paragraphs (3) to (5), an application made within existing proceedings in the family court shall be allocated to the level of judge who is dealing with the existing proceedings to which the application relates.
2
Subject to paragraphs (3) to (5), an application made in connection with proceedings in the family court that have concluded shall be allocated to the level of judge who last dealt with those proceedings.
3
In Schedule 2—
a
the remedies listed in tables 1, 2 and 3 may not be granted by lay justices;
b
the remedies listed in tables 2 and 3 may not be granted by a judge of district judge level;
c
the remedies listed in table 3 may not be granted by a judge of circuit judge level, subject to any exception stated in that table.
4
Where the effect of Schedule 2 is that an application for a particular remedy may not be granted by the level of judge referred to in paragraph (1) or (2), then that application shall be allocated to a level of judge who is able to grant that remedy.
5
Any power of the family court to make an order for committal in respect of a breach of a judgment, order or undertaking to do or abstain from doing an act may only be made by a judge of the same level as, or of a higher level than, the judge who make the judgment or order, or who accepted the undertaking, as the case may be.
Allocation: costs18
Subject to any direction of the court, an application for detailed assessment of a bill of costs shall be allocated to an authorised court officer, a district judge or a costs judge.
Allocation: appeals19
An appeal shall be allocated to a judge in accordance with rules 5 to 7.
Allocation: all other proceedings20
1
An application of a type not referred to in other rules in this Part or in Schedule 1 or Schedule 2 shall be allocated by one or more of the persons referred to in rule 4.
2
When deciding which level of judge to allocate such an application to, the decision must be based on consideration of the relative significance of the following factors—
a
the need to make the most effective and efficient use of the local judicial resource and the resource of the High Court bench that is appropriate, given the nature and type of application;
b
the need to avoid delay;
c
the need for judicial continuity;
d
the location of the parties or of any child relevant to the proceedings; and
e
complexity.