The Family Court (Composition and Distribution of Business) Rules 2014

PART 5 Distribution of business of the family court

General

13.—(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 court

14.  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 1

15.—(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 applications

16.—(1) In this rule—

“the 1986 Act” means the Family Law Act 1986(1);

“the 1989 Act” means the Children Act 1989(2); and

“the 1996 Act” means the Family Law Act 1996(3).

(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 Act(4) (disclosure of information as to the whereabouts of a child);

(ii) section 34 of the 1986 Act(5) (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 Act(6) (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 Act(7) (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 Act(8) (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 Act(9) 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 2002(10) (recovery order); or

(xiv) section 79 of the Childcare Act 2006(11) (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 Act(12) which are made without notice.

Allocation: applications in existing proceedings or in connection with proceedings that have concluded

17.—(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: costs

18.  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: appeals

19.  An appeal shall be allocated to a judge in accordance with rules 5 to 7.

Allocation: all other proceedings

20.—(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.

(1)

1986 c.55.

(2)

1989 c.41.

(3)

1996 c.27.

(4)

Section 33 was amended by paragraph 62 of Schedule 13 to the Children Act 1989, paragraph 41 of Schedule 4 to the Children (Scotland) Act 1995 (c.36) and paragraph 124 of Schedule 27 to the Civil Partnership Act 2004.

(5)

Section 34 was amended by paragraphs 62 and 70 of Schedule 13 to the Children Act 1989 and by S.I. 1995/756.

(6)

Section 45(8A) was inserted by paragraph 4 of Schedule 6 to the Family Law Act 1996.

(7)

Section 45(8B) was inserted by paragraph 4 of Schedule 6 to the Family Law Act 1996.

(8)

Section 50 was amended by paragraph 131 of Schedule 27 to the Civil Partnership Act 2004.

(9)

Relevant amendments to Part 4 of the 1996 Act were made by section 2 of, and paragraphs 34 and 35 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c.28), paragraphs 4, 6, 8, 9 and 11 of Schedule 9 to the Civil Partnership Act 2004, paragraph 253 of Schedule 4 to the Constitutional Reform Act 2005 and paragraphs 130, 135 and 136 of Schedule 11 to the Crime and Courts Act 2013.

(10)

2002 c.38.

(11)

2006 c.21. Section 79 was amended by paragraph 114 of Schedule 14 to the Education and Inspections Act 2006 (c.40) and by paragraph 204 of Schedule 11 to the Crime and Courts Act 2013.

(12)

Part 4A was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20) and was amended by paragraphs 139 to 142 of Schedule 11 to the Crime and Courts Act 2013.