Jurisdiction
The FPC's jurisdiction is derived from the Magistrates' Court Act 1980.
The Children Act 1989 provides 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. Different statutes must be considered depending upon the case. The main provisions that affect law and procedure in the family proceedings court are:
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 plays 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 dealt with includes:
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, ncluding 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.
Read more about this topic: Family Proceedings Court
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