Family Proceedings Court

The Family Proceedings Court (FPC) is that part of the court service where hearings relating to family issues. This court is much like an ordinary court in that the magistrate's ruling is final and can be appealed against should any party feel there is sufficient grounds.

The Family Proceedings Court is also where the Family Panel meet to discuss how to best hear cases relating to family matters.

What does the Family Proceedings Court do?

The idea is that the FPC operates in an environment which is informal and non-threatening to children. The FPC is responsible for the hearing of cases relating to child welfare, Child Custody and also matters relating to visiting rights for parents who no longer live in the marital home. The most common hearings in an FPC are:

• Child Maintenance
• Paternity Rights
• Residence Of A Child
• Contact Orders
• Care proceedings

The FPC will also rule on how best to proceed in matters of Reclaiming Maintenance and will rule on what is best for the children caught in the midst of any parental dispute.

Children and the Family Proceedings Court

The FPC will instigate investigations and assessments by their court welfare officers which are designed to provide insight into how the children are looked after, supported financially and, in some cases, make a decision as to who is the parent most likely to provide the children with a stable home life.

Children are often called upon to give evidence at these courts but this is done in a way that does not intimidate. Depending on the circumstances of such a hearing, the parent or parents will be asked to wait outside while the court welfare officer asks some questions and the children are asked to answer in their own words.

This method is used to determine how the children feel about the current situation and where they feel they would most like to stay. However, although this information is taken into consideration, it does not always have a bearing on the decision made by the magistrates.

FPCs are also where divorce hearings are heard and it is the magistrate who will determine the speed at which a divorce is issued. This also is reliant on information relating to the welfare of any children that may be involved.

Exclusion Orders

In certain circumstances, such as incidents of domestic violence, a parent may apply for an exclusion order. If an exclusion order is granted, the individual who has been ruled against may not visit or be near the family home without prior permission from the authorities.

It is worth noting that FPCs do not deal with criminal offences, although the magistrates who rule at these courts can also rule over criminal proceeding cases as well.