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The judge who has responsibility to provide leadership to the family judiciary within the court centre or group of courts.
England and Wales is divided into geographical areas, judicially led and managed by the designated family judge. The designated family judge for each geographic area is based at the designated family centre. Save where specifically reserved to the High Court, all other family cases are dealt with in the Family Court and all proceedings and applications must be issued in that court.
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Procedural guide—applications for third party debt orders This Procedural Guide sets out the steps to be taken on an application under the Civil Procedure Rules 1998 (CPR), in accordance with CPR 72 and CPR PD 72, and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, for enforcement of a debt owing to the debtor by a third party who is within the jurisdiction (historically known as a garnishee order). It includes guidance on interim third party debt orders, third party obligations, hardship payment orders, evidence and orders that can be made. A third party debt order is a method of enforcement by which a creditor may enforce a debt such as arrears of maintenance or a lump sum payment against money due and owing to the debtor by a third party who is within the jurisdiction. This includes money held in the debtor's name in a bank or building society. The court has a discretion whether to grant a third party debt order and whether they do will be...
Procedural guide—judgment summons This Procedural Guide sets out the steps to be taken under the Debtors Act 1869 (DA 1869), the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33 and the Administration of Justice Act 1970 (AJA 1970) on an application for a judgment summons requiring a debtor to attend court where the debtor either has, or has had since the date of the order or judgment, the means to pay the defaulted sum, and refuses or neglects to pay the same. It includes guidance on who may apply, the criminal standard of proof and evidence and the committal of the debtor. A judgment summons is a summons requiring a debtor to attend court. If it is proved to the satisfaction of the court that the debtor either has, or has had since the date of the order or judgment, the means to pay the sum in respect of which they have defaulted, and has refused or neglected or refuses or neglects to pay the same, they may...
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The single Family Court came into effect on the 22 April 2014. As a consequence, there were significant changes to the allocation and transfer of proceedings. Since 22 April 2014, the Family Court deals with all family cases with certain exceptions.See Practice Note: The single Family Court.In January 2018, the then President of the Family Division, Sir James Munby, issued his 18th View from the President’s Chambers and announced the launch of the Financial Remedies Court pilot. On 5 February 2021, the then national and deputy lead judges for the Financial Remedies Court, Mostyn J and HHJ Hess, confirmed that the Financial Remedies Court is an established and permanent part of the Family Court. Specific considerations apply as to an application in the Financial Remedies Court as to allocation.See Practice Note: The Financial Remedies Court.Terminology and jurisdictionThe following terminology and locations no longer exist:•divorce court•civil partnership proceedings county court•family proceedings court•care centres•family hearing centresThe family jurisdiction of the Court of Appeal and Supreme Court is unaffected—see Practice Note: Appeals to...
Electronic bundles in family proceedings This Practice Note considers the general Courts and Tribunals Judiciary guidance on electronic court bundles issued on 29 November 2021, together with supplementary guidance issued by the President of the Family Division on 21 December 2021 and the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in particular FPR 2010, PD 27A, as to electronic bundles (also referred to as e-bundles). It also considers requirements in relation to bundles for appeals. The use of electronic bundles in family proceedings increased in part due to the coronavirus pandemic and the greater number of remote hearings, but also as a consequence of the His Majesty’s Courts and Tribunals Service (HMCTS) digitisation programme. See also Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers and Managing proceedings online—overview. General guidance on electronic court bundles was published by the Senior Presiding Judge, Haddon-Cave LJ, the President of the Family Division, Sir Andrew McFarlane, and the judge-in-charge of live services, Johnson J, on 29 November...
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If decree nisi is pronounced without the respondent having been served with the petition or having any knowledge of it, what steps can they take if they wish to defend the proceedings and what application should be made? When would this issue arise? The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 provide at FPR 2010, SI 2010/2955, 6.6 and 7.8(1) that the application must be served on the respondent. Even if a respondent fails to file an acknowledgment of service under FPR 2010, SI 2010/2955, 7.12, the court must be satisfied that the respondent has been served with the petition before the matter can be listed for pronouncement of decree nisi under FPR 2010, SI 2010/2955, 7.20(6)(a). Therefore, an applicant cannot obtain a decree nisi without service of the petition on the respondent. However, service is different to the respondent actually having knowledge of the application and there are different ways that a petition can be ‘served’, some of which don’t require personal service on the...
Does a trainee solicitor have rights of audience in family proceedings? Section 12 of the Legal Services Act 2007 (LSA 2007) defines ‘reserved legal activities’ which, inter alia, include ‘the exercise of a right of audience’. LSA 2007, s 13 sets out those who are entitled to undertake reserved legal activities, ie ‘an authorised person in relation to the relevant activity’ or ‘an exempt person in relation to that activity’. LSA 2007, s 18 details who is an ‘authorised person’ in relation to reserved legal activities, ie: • a person who is authorised to carry on the relevant activity by a relevant approved regulator (which includes The Law Society) in relation to the relevant activity, or • a licensable body which, by such a licence, is authorised to carry on the relevant activity by a licensing authority in relation to the reserved legal activity LSA 2007, Sch 3 and LSA 2007, s 19 detail who is an ‘exempt person’, and includes a person granted a right of...
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The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and inserting three new PDs. The PD update makes provision for transparency orders where reporters have attended hearings in most types of proceedings relating to a child and in placement order proceedings where the application for a placement order is made within proceedings for a care order. Permanent provision is made to underpin the contested financial remedy online digital service for legal representatives. The pathfinder pilot is extended until 31 March 2026 in existing sites and expanded to additional courts. The pilot for notification to the police of non-molestation orders and of occupation orders with a power of arrest attached is extended until 28 February 2026. Amendments to allow local flexibilities to be adopted in the Child Arrangements Programme are extended until 28 February 2027 and the correct address for filing certain documents with the High Court is updated.
This week's edition of Family weekly highlights includes details of the latest Family Procedure Rules 2010 Practice Direction update of 2024, extensions to the transparency pilots in the family courts and the extension of the Law Commission consultation on the law of contempt of court. Issues with uploading documents to the contested financial remedy service are set out, together with details of the Public Law Working Group’s calls for adoption process reform. Judgments considering the discharge of a prohibited steps order and the refusal of parents to accompany the summary return of a child are also considered.
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