Practice and procedure

The Family Court deals with all family cases other than a small number of case types over which the High Court retains exclusive jurisdiction. See Practice Note: The single Family Court.

The Financial Remedies Court is a subsidiary structure within the Family Court and is organised into regional financial remedy courts and local hearing venues. In order to increase efficiency and establish best practice in the Financial Remedies Court, the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 are complemented by:

  1. statement on the efficient conduct of financial remedy hearings allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (2016)

  2. statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (2022), issued alongside a Primary Principles document and templates for a composite case summary and schedule of assets and income

See Practice Notes: The Financial Remedies Court, Financial Remedies Court (FRC) toolkit, Financial remedy proceedings allocated below High Court judge level and Financial remedy proceedings allocated to a High Court judge.

Allocation

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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