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Introduction to the
Family
Proceedings
Court
A basic outline of the law and practice of the family
proceedings court in England and Wales, produced
under the auspices ofthe Justices' Clerks' Society for
use by family panel magistrates and other people
interested in the arrangements to provide local
justicefor children and families
Introduction to the
Family Proceedings Court
Published 1997by
WATERSIDE PRESS
DomumRoad
Winchester50239NN
TelephoneorFax01962855567
INTERNET:[email protected]
Copyright The authors and the Justices' Clerks' Society. All rights
reserved. No part of this work may be reproduced or stored in any
retrieval system or transmitted'by any means without the express
permissioninwritingofthecopyrightholders.
ISBN Paperback1872870 465
Cataloguing-in-Publication DataA catalogue record for this book can
beobtainedfrom theBritishLibrary
Cover designJohnGood HolbrookLtd, Coventry. Main photographby
kind permission of the Inner London and City Family Proceedings
Court. Photograph of Sir Stephen Brown courtesy of the Lord
Chancellor'sDepartment.
Printingandbinding AntonyRoweLtd, Chippenham.
Acknowledgments The authors and publishers wish to acknowledge:
the provision of materials by the Warwickshire Magistrates' Courts
Service, on which some items in Part Two ofthis handbook are based;
and the assistance of Andy Wesson, clerk to the South Bedfordshire
magistrates' courts, byreadingandcommentingontheproofs.
Introduction to the
Family
Proceedings
Court
Elaine Laken
Chris Bazell
Winston Gordon
Foreword by Sir Stephen Brown
President of the
Family Division of the High Court
Editor Bryan Gibson
WATERSIDE PRESS
WINCHESTER
The authors
Elaine LakenisJustices' Clerkfor North Avon and chairofthe
Family Law Committee ofthe Justices' Clerks' Society.Sheis a
regular trainer of magistrates and court staffand approved by
the Law Society to run courses for solicitors wishing tojointhe
Children Panel. Sheis abarrister and a memberofthe National
Councilfor FamilyProceedings.
ChrisBazell isJustices' Clerkfor Banbury, BicesterandWitney
and joint Training Officer for Berkshire and Oxfordshire. A
solicitor, he is a former chair of the Justices' Clerks' Society
Family Law Committee and Legal Advisor to the Magistrates'
AssociationFamily Proceedings Committee. From 1994 to 1997
hewasamemberoftheChildrenActAdvisoryCommittee.
Winston Gordon is Justices' Clerk, Justices' Chief Executive
and TrainingOfficerfor Tameside, GreaterManchester. He is a
member of the Executive Committee of the Justices' Clerks'
Society Standing Committee of Magistrates' Training Officers
and of th~ Duchy ofLancaster BranchTraining Committee. He
is a solicitor-with experience of advocacy-a tutor at
ContinuingProfessionalDevelopmentcourses and co-author of
The SentenceoftheCourt and Introduction to theYouth Court.
Editor
BryanGibson isManagingEditorofWatersidePress.
iv
Introduction to the
Family Proceedings Court
CONTENTS
Foreword vii
PART ONE
1 Introduction 9
2 Children 20
3 Procedures 37
4 Welfare of the Child 56
5 Financial Provision 71
6 Enforcement 85
7 Domestic Violence and Occupation Orders 99
8 Adoption 119
PART TWO
Materials: see overleaf
v
PART TWO: Materials
A Application ForIll: Children Act 1989 (and
SuppleIllent for Care or Supervision Order)
135
B .SpeciIllen Directions 142
C Best Practice Notes
• For the Judiciary and Family Proceedings
Courts When Ordering a Welfare Report
(and Pro Forma) 146
• To Court Staff When Welfare Reports Have
Been Ordered 150
D Form to AccoIllpany Direction to Investigate
under Section 37 Children Act 1989 151
E Definitions: Fam.ily Proceedings; Specified
Proceedings 153
F Decision Making 156
G Findings of Fact and Reasons 160
H Guide to Lawyers on How to Prepare for Trial.
163
I Experts: Role and Court Expectations 164
J Specimen Form. of Undertaking 166
Index 168
vi
Foreword
Sir Stephen Brown
President of the FaInily Division of the High Court
The passing ofthe Children Act in 1989 introduced a wholly
new dimension to the work of magistrates' courts. The
justices who constitute the Family Proceedings Courts are
members of specialist panels. They undergo extensive and
continuing training in preparation for the important and
demandingworkwhich they undertake.
The Justices' Clerks' Society has produced a clear and
comprehensive introduction to the law and practice of the
Family Proceedings Court. It is a first class work which
provides an invaluable framework for panel members and a
reference point for all those who are engaged in this
importantwork.
vii
Aillls and Objectives
This handbook was compiled under the auspices of the
Justices' Clerks' Society by three experienced training
officers to magistrates. The intentionis:
• to provide a companion for new members of the
family panel as they undertake their .training and an
accessible reference pointfor experienced.magistrates
• to assist trainers by allowing them to concentrate on
imparting skills necessary for making informed,
balanced and structured decisions-in the knowledge
that background material can be found in the
handbook
• to inform other court users and students about
relevant procedures a!ld requirements, and about
how decisions are approached in the family
proceedings court
• to produce a lucid account, avoiding jargon and
complexity. Items are dealt with in outline only-and
further advice should be sought by people who
require a mo"re detailed explanation. In particular,
when dealing with cases in court, family panel
magistrates should seek the advice ofthe court legal advisor
in all but the most straightforward situations. This
applies with even greater force to family matters than
to criminalcases.
viii
