Children in the Family Court

CHAPTER 1. THE FAMILY COURT SYSTEM

THE FAMILY COURTS
Just about all cases concerning children are dealt with in the family court. The only exception will be particularly complex cases and appeals which could be dealt with in the Family Division of the High Court. Cases are heard in family courts by either lay justices (magistrates) or judges. As the family court will not usually have a separate building, a case may take place in the magistrates’ court building, the County Court or even on occasions in the Crown Court.
Judges in the family court will either be a district judge or a circuit judge. Circuit judges are more senior, and will deal with more difficult cases and appeals from district judges and lay justices. Deputy district judges are part-time district judges, who have the same authority as a full-time district judge, and will usually be practising solicitors or barristers. Lay justices are members of the local community, who have received special training and sit part time to decide family disputes. Usually, they sit as a panel of 3, with a chairperson. They are not lawyers or legally qualified, but will have a legally qualified clerk sitting with them, who advises on the law. Straightforward procedural matters can be dealt with by this clerk.
It is usual for straightforward cases to be dealt with by lay justices, where there can be the advantage of greater informality and an earlier hearing date.

COURT RULES
The Family Procedure Rules (FPR) are the rules which the court must follow when deciding a family case. However, there is no need for a litigant in person to get too bogged down with the procedural rules. Judges have considerable discretion over how a case is conducted and will always explain carefully to a litigant in person what needs to be done.
The FPRs have the overriding objective of requiring the court to deal with a case justly, and having regard to the welfare issues involved. This must be achieved by dealing with the case expeditiously and fairly, and in a way proportionate to the nature, importance and complexity of the issues. It is a requirement that the court must ensure that the parties are on an equal footing, and the court must save expense and allot to the case an appropriate share of the court’s resources, whilst taking into account the need to allot resources to other cases. Judges must be proactive in managing cases in order to make sure that these overriding objective are achieved, and everyone involved in the case must help the court with this.
You must therefore be mindful of your duty to assist the court to deal with your case
expeditiously and fairly. This means more than no dirty tricks (as if you would). You should give as much warning as possible to the court and other parties of steps you are planning to take. Always send copies of documents you intend to rely upon to the court and other parties in good time, and pay attention and comply with dates and deadlines in orders.
Respond to correspondence promptly fully and courteously. The Family procedure rules are available online for you to read if required.