Introduction to the Family Proceedings Court PDF
Preview Introduction to the Family Proceedings Court
( I 2 S 1 B 6 N m : T m 1 P - S x 8 1 7 ( 2 4 2 1 8 8 6 m 0 m - m 4 m 6 ) x ( -5 1 2 4 1 8 0 m ) m ) 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
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