The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the functions of the Family Court, or a judge of the Family Court, which may be carried out by a justices’ legal adviser under the Family Procedure Rules 2010 (FPR 2010), by virtue of the provisions of FPR 2010, PD 2C.
The role of justices' clerks and assistants to justices' clerks, and the functions that they can undertake, has expanded since the introduction of the Family Court in 2014 and from 6 April 2020 the Family Procedure (Amendment) Rules 2020, SI 2020/135 implemented the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 provisions in the Family Court and replaced the term ‘justices’ clerk’ with ‘justices’ legal adviser’ in FPR 2010. Also from 6 April 2020, functions of the Family Court, or a judge of the Family Court, that may be carried out by a justices’ legal adviser are set out in FPR 2010, PD 2C, subject to certain exceptions or restrictions. These functions were previously available to the Family Court and are not new powers, nor are they exclusive to justices’ legal advisers. See also Practice Note: The Family Court—judicial allocation—Functions of the different levels of the Family Court judiciary.
This Practice Note deals with the functions of a justices’ legal adviser in relation to the following aspects of family law:
Duties and general requirements
Allocation and case management
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