What is the jurisdiction of the Family Proceedings Court (FPC)?

Cases are heard before either a bench of lay magistrates or a District Judge. Generally, FPCs are presided over by three magistrates who form a Family Panel. The Family Panel will include a man and a woman, unless this is impracticable. The court may also comprise a District Judge as chairman for some matters. Magistrates are generally not legally qualified, but are provided with extensive training and assisted by a legally qualified clerk.

The FPC does still follow procedural rules and the ordinary rules of evidence. The rules are found in the Family Proceedings Courts (Children Act 1989) Rules 1991 (as amended) and the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (as amended). Where those rules do not cover a particular matter that arises, the Magistrates' Courts Rules 1981 (as amended) apply. The Family Proceedings Rules 1991 (as amended) do not apply to FPCs.

The procedures are very different from other matters which are heard in the Magistrates’ Courts, such as criminal matters. The proceedings are more informal than family proceedings heard in the county court. The lay magistrates or District Judge are much more understanding of self-represented individuals. Often the parties will sit around a large table, with the magistrates or judge dressed in ordinary business attire. Basically, the aim is to make the proceedings less complex and less adversarial.

If you need help resolving family issues or wish to be represented before the FPC or other family court matters, you should contact a specialist family solicitor. Most family solicitors can help with the full range of family law matters, however, if you matter is particularly complex – such as international child abduction – you should find a family solicitor who specialises in this area.

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