Q&As

Can the return hearing of an application for a non-molestation order under the Family Law Act 1996 be allocated to a lay justice?

read titleRead full title
Published on LexisPSL on 15/04/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can the return hearing of an application for a non-molestation order under the Family Law Act 1996 be allocated to a lay justice?

The judicial allocation of proceedings is dealt with by the Family Court (Composition and Distribution of Business) Rules 2014 (FC(CDB)R 2014), SI 2014/840. The rules:

  1. provide that certain types of cases can be allocated to certain levels of judge (FC(CDB)R 2014, SI 2014/840, Sch 1), and

  2. prohibit certain levels of judge of the Family Court from dealing with certain remedies (FC(CDB)R 2014, SI 2014/840, Sch 2)

FC(CDB)R 2014, SI 2014/840 does not, however, comprehensively list every type of application and legislative provision, and while FC(CDB)R 2014, SI 2014/840, Sch 2 sets out remedies which may not be granted by lay justices in the Family Court including interim injunctions, it does not expressly refer to proceedings under the Family Law Act 1996 (FLA 1996), nor prohibit the grant of an injunction other than an interim injunction (save in other specified cases, for example a lay justice may not grant

Related documents:

Popular documents