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?

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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?

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

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