What is the Family Court?
The Family Court is a unified court system in England and Wales that handles cases involving family matters. It was established in 2014 under the Children and Families Act, bringing together family cases that were previously spread across magistrates' courts, county courts and the High Court.
Cases in the Family Court are heard by different levels of judge depending on their complexity. Magistrates with specialist training in family law hear many of the more straightforward matters, while district judges and circuit judges handle cases that are more complex or raise serious welfare concerns.
Hearings involving children tend to be conducted with less formality than other court settings. Courtrooms may be arranged differently, and judges often avoid wearing wigs and gowns when children are present.
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The Family Court deals with a range of matters relating to children and family relationships. Some of the most common include:
- Child arrangements orders, which cover where a child lives and who they spend time with
- Care proceedings brought by local authorities
- Adoption applications
- Paternity disputes
- Applications relating to parental responsibility
Child maintenance disputes are generally handled by the Child Maintenance Service rather than the Family Court, unless there are exceptional circumstances that bring them within the court's jurisdiction.
The most complex cases, or those involving international elements or significant legal questions, may be allocated to a High Court judge sitting within the Family Court.
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How the court approaches children's welfare
When making decisions about children, the court treats the child's welfare as its paramount concern. This principle applies whether the case involves living arrangements, time spent with a parent, or care proceedings.
The court may ask a Cafcass officer to prepare a report. Cafcass, the Children and Family Court Advisory and Support Service, provides independent advice on what is in the best interests of the child. Officers may speak to the child, the parents and other relevant adults before making recommendations.
In care proceedings where a local authority is involved, the court will typically appoint a children's guardian to represent the child's interests directly throughout the case.
What to expect if you are involved in a case
Family court proceedings are designed to be accessible to people without legal representation. You may choose to instruct a solicitor, though legal aid is only available for certain types of family case, including care proceedings, domestic abuse cases and child abduction matters. The GOV.UK website has current information on eligibility.
Hearings are usually held in private, meaning members of the public cannot attend. This protects the privacy of the families and children involved.
If you disagree with a decision, you can apply to appeal. There are strict time limits for doing so. Grounds for appeal may include errors of law, mistakes in fact finding, serious procedural irregularities, or concerns that the hearing was conducted unfairly.
For official guidance on family court procedures, forms and fees, visit the GOV.UK website or contact your local court directly.
My 8 week old grandson has been taken into care after taking him to hospital presenting with a strange looking bruise on his knee/thigh. The last 3 weeks have been absolutely horrendous and my son and daughter in law have been treated like criminals! We know for a fact he hasn’t been harmed by his parents, however his paternal grandmother thinks she may have accidentally done it struggling to get him in his car seat she has been questioned by police as have my son and daughter in law, no charges have been brought and we have been told our first hearing in court is Friday. We are absolutely devastated and our family is being ripped apart !
Please could anyone help or give us advise? We are heartbroken.
i dont have the finances to tae her to court for sole custody of him and ideally i wouldnt want him to never see his mother. i just need to know what is best to do
I received a divorce petition in Feb 17 from my wife of 20 years with 5 children ages7 - 19 on the grounds of irretrievable breakdown. I decided to defend it myself as I had suspected this was not the real reason as my suspicions had been aroused as long ago as October when I was refused access to the marital bed following a bad cold . I have since found out that she is indeed involved in another relationship but she does not know that I know as I have decided to keep quiet for the sake of the children.
Needless to say things are becoming more toxic by the day and she wants me to move out immediately but as I had a mini stroke last july loosing my driving licence my options are fairly limited
I have 2 partime jobs locally where i have to walk to which nett about £800.00per month and I pay he 650 - 700 pcm
Recently she has now said that she will not cook for me or do any of my washing so I have to eat seperately from the family in front of the children which is causing great sadness to them and they have always been my / our main priority
Obviously there is a lot more to this but waht are my options or where can I go for help.
I have started mediation as of today she refused to come and therefore they are going to write to her with an invitation.
Hope you can help for the sake of my kids
Andy
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