Family proceedings court

In England and Wales, family proceedings court (FPC) was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that dealt with family matters. Cases were either heard in front of a bench of lay magistrates or a district judge (magistrates' courts).

From 22 April 2014 the family proceedings court has ceased to exist and its functions were absorbed into the new single Family Court following the enactment of the Crime and Courts Act 2013. Magistrates continue to sit in family proceedings in the way described but within a different court arrangement.

The FPC's jurisdiction was derived from the Magistrates' Courts Act 1980.

The Children Act 1989 provided 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. The main provisions that affected law and procedure in the family proceedings court were:

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 played 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 included:

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

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