Family Courts and Judges

The Custody Minefield Factsheets – Smartphone Series (optimised for smartphone users). Copyright Michael Robinson 2011.

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Contents

Courts

Judges

Appeals

Finding your Local Family Court

Support

Courts - <Back to Top>

The structure of the family courts can be confusing, and for the purpose of this guide, we’ve simplified things for members of the public. This brief guide covers private family law and the courts and judiciary that handle these cases.

There are four levels of court:

· The Court of Appeal

· The High Court

· The County Court

· The Magistrates / Family Proceedings Court

The High Court is based at the Royal Courts of Justice in the Strand in London, and cases are also heard in District Registries (regional courts) throughout England and Wales.

As a rule of thumb, simple cases are more likely to be heard by magistrates in the Family Proceedings Court, while the most complex will be heard in the High Court. Cases become more complex when there are serious allegations and counter-allegations made by parties which need investigation, where there are alleged risks to the children, or where the law becomes more complex such as in cases involving international relocation. Applications can be made to any level of court, albeit your case may be moved to what is considered an appropriate level dependent on complexity e.g. you might apply to a County Court only to have your case moved up to the High Court or down Family Proceedings Court.

Some assume that the more senior the level of judge who hears the case, the better. A more senior judge may have a more detailed knowledge of law. That said, no level of the judiciary has a monopoly on common sense, and any judge has a ‘wide ambit of discretion’ as an individual when deciding arrangements for children. In answer to the question ‘Would I get a better result in the County Court’ as compared to the Family Proceedings Court, the honest answer is it depends on the individual judge you get.

Judges <Back to Top>

Court of Appeal

· Lord or Lady Justice of Appeal (address as ‘My Lord’ or ‘My Lady’)

High Court

· High Court Judge (address as ‘My Lord’ or ‘My Lady’)

· Master (mainly responsible for case management before the hearings commence)

County Court

· Circuit Judge (address as ‘Your Honour’)

· Recorder (a part time Circuit Judge – typically a practicing solicitor or barrister)

· District Judge (address as ‘Sir’ or ‘Madam’)

· Deputy District Judge (address as ‘Sir’ or ‘Madam’)

Family Proceedings Court

· District Judge (address as ‘Sir’ or ‘Madam’)

· Deputy District Judge (address as ‘Sir’ or ‘Madam’)

· Magistrates (address as ‘Sir’, ‘Madam’ or ‘Your Worship’)

Appeals <Back to Top>

· Appeals from the High Court are heard in the Court of Appeal.

· Appeals from The Principal Registry of the Family Division are also heard in the High Court.

· Appeals from a case heard by a Circuit Judge or Recorder in the County Court are heard in the High Court.

· Appeals from a case heard by a District Judge (whether in the Family Proceedings Court or the County Court) are heard by a Circuit Judge in the County Court.

· Appeals from cases heard by magistrates in the Family Proceedings Court are heard in the County Court.

Finding your local family court - <Back to Top>

You can use HMCS Court Finder to do this. You can search by parish, court name, or region. In the box entitled ‘Search by Area of Law’ enter one of the following (depending on the court you wish to apply for):

· Family Work (general)

· Family Proceedings Court (cases heard by magistrates or District Judges)

· Family (general)

· Family Proceedings (general)

· County Court (cases mainly heard by District or Circuit Judges)

· High Court (case heard by High Court Judges)

Bear in mind that some court buildings house a number of different courts. A combined court may hear Crown (criminal) and County (Civil and Family) cases. Similarly, Magistrates and County Courts may be combined in some areas. You can always phone the court to confirm they hear family cases, and we recommend you do this. Ask to speak to their administration department.

Choose the court which is closest to where you or your children live and print the details.

Support - <Back to Top>

The Custody Minefield offers support forums where you can ask our team of experienced support staff questions about family law, the courts and separation. Collectively, we have answered more than 10,000 posts on other family law related support forums. Visit our Support Forum Page on The Custody Minefield website to find out how to register.

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