Practice Directions

Family Proceedings (Allocation to Judiciary ) (Amendment) Directions 2002

The Lord Chancellor, in exercise of the powers conferred on him by s. 9 of the Courts and Legal Services Act 1990 and with the concurrence of the President of the Family Division, hereby gives the following Directions:

(1) These Directions shall come into force on 30 August 2002.

(2) The "1999 Directions" means the Family Proceedings (Allocation to Judiciary) Directions 1999 and a paragraph referred to by number alone means the paragraph so numbered in those Directions.

(3) The provisions of the Schedule to the 1999 Directions shall have effect in relation to proceedings which were pending immediately before the 30 August 2002 as if these Directions had not been made.

2. Paragraph 2 shall be replaced with the following:

" 2. In these Directions, in the absence of a contrary implication -

"family proceedings" and "judge" bear the meanings assigned to them in s. 9 of the Courts and Legal Services Act 1990;

"nominated" in relation to a judge means a judge who has been approved as one to whom family proceedings may be allocated by the President of the Family Division;

"opposed hearing" includes an application made ex parte; and

"Schedule" means the Schedule to these Directions.".

In paragraph 5(b) for the words "Appeal, a former puisne judge of the High Court or an assistant recorder" substitute " Appeal or a former puisne judge of the High Court".
In paragraph 5(c) delete the words "or an assistant recorder" where they appear in that paragraph.
In paragraph 5(d) delete the words "or an assistant recorder" where they appear in that paragraph and for the words "stipendiary magistrate" substitute "District Judge (Magistrates' Courts)".
After paragraph 5(d) insert the following:

"(e) a person sitting as a Recorder who is a District Judge of the Principal Registry of the Family Division.".
In paragraph 5A delete the words "or an assistant recorder" where they appear in that paragraph.
The Schedule to these Directions shall replace the Schedule to the 1999 Directions.

Dame Elizabeth Butler-Sloss
President

2002 Lord Irvine of Lairg
Lord Chancellor

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The Schedule - Allocation of proceedings

(i) Description of proceedings	(ii) Description of judge	(iii) Circumstances in which allocation applies
(a) Family proceedings for which no express provision is made in this Schedule.	A Circuit Judge, Deputy Circuit Judge or Recorder nominated for Private or Public family law proceedings; a District Judge of the Principal Registry of the Family Division of the High Court; or a District Judge or Deputy District Judge.	All circumstances
(b) Non-contentious or common form probate business within the meaning of section 128 of the Supreme Court Act 1981.	A judge	All circumstances
(c) Proceedings under any of the provisions in Part IV of the Family Law Act 1996 (c.27).	A Circuit Judge or Deputy Circuit Judge nominated for Private or Public family law proceedings a Recorder nominated for public family law proceedings; or a District Judge of the Principal Registry of the Family Division of the High Court; or a District Judge; a Recorder nominated for private family law proceedings, a Recorder or a Deputy District Judge.	All circumstances All circumstances All circumstances All circumstances All circumstances except proceedings to enforce an order made under Part IV.
(d) Hearing of contested petition for a decree of divorce, nullity or judicial separation.	A Circuit Judge, Deputy Circuit Judge or a Recorder nominated for Private or Public family law proceedings.	All circumstances.

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(i)

Description of proceedings

(ii)

Description of judge

(iii)

Circumstances in which allocation applies

(e) Proceedings under any of the following provisions of the Adoption Act 1976 (c.36):

[section 14 (adoption by married couple);

section 15 (adoption by one person);

section 18 (freeing child for adoption);

section 20 (revocation of order under section 18);

sections 27, 28 or 29 (restrictions on removal of child);

section 55 (adoption of children abroad).]

A Circuit Judge nominated for adoption proceedings; or

a Deputy Circuit Judge or Recorder nominated for adoption proceedings;

a District Judge of the Principal Registry of the Family Division of the High Court; or

a District Judge nominated for adoption proceedings; or

a Deputy District Judge nominated for adoption proceedings.

All circumstances.

All circumstances

Interlocutory matters

(f) Proceedings under any of the following provisions of the Children Act 1989 (c.41):

[section 4(1)(a) (applications for parental responsibility by father);

section 4(3) (termination of parental responsibility);

section 5(1) (appointment of guardian);

section 6(7) (termination of guardianship);

paragraph 11(3) of Schedule 14 (discharge of existing custody etc orders).]

A Circuit Judge nominated for Private or Public family law proceedings; or

a Deputy Circuit Judge or Recorder nominated for Private or Public family law proceedings; or

a District Judge of the Principal Registry of the Family Division of the High Court; or

a District Judge nominated for Private or Public family law proceedings;

a District Judge or Deputy District Judge.

All circumstances.

All circumstances

1) interlocutory matters; or

(2) unopposed hearings.

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(I)

Description of proceedings

(II)

Description of Judge

(III)

Circumstances in which allocation applies

(g) Proceedings under any of the following provisions of the Children Act 1989 (c.41);

[section 13(1) (change of child's name or removal from jurisdiction);

section 16(6) reference of question of variation or discharge of section 8 order);

applications under section 10 of the Children Act 1989 (c.41) for an order under section 8.]

A Circuit Judge nominated for Private or Public family law proceedings; or

a Deputy Circuit Judge or Recorder nominated for Private or Public family law proceedings; or

a District Judge of the Principal Registry of the Family Division of the High Court; or

a District Judge nominated for Private or Public family law proceedings;

a District Judge;

a Deputy District Judge.

All circumstances.

All circumstances

(1) interlocutory matters;

(2) unopposed hearings; or

(3) opposed hearings where

(a) the application is for a contact order and the principle of contact with the applicant is unopposed; or

(b) the order (i) is (or is one of a series of orders which is) to be limited in time until the next hearing or order, and (ii) the substantive application is returnable before a judge within column (II) of this paragraph who has full jurisdiction in all circumstances.

(1) interlocutory matters;

(2) unopposed hearings

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(i)

Description of proceedings

(ii)

Description of judge

(iii)

Circumstances in which allocation applies

(h) Proceedings under any of the following provisions of the Children Act 1989 (c.41):

[section 25 (secure accommodation);

section 31 (care and supervision orders);

section 33(7) (change of child's name or removal from jurisdiction);

section 39(1), (2) or (4) (discharge and variation of care and supervision orders);

paragraph 6 of Schedule 3 (supervision order);

section 34 (parental contact etc with child in care);

paragraph 19(1) of Schedule 2 (arrangements to assist children to live abroad).]

A Circuit Judge nominated for Public family law proceedings; or

a District Judge of the Principal Registry of the Family Division of the High Court;

a District Judge nominated for Public family law proceedings.

All circumstances.

All circumstances

(1) interlocutory matters;

(2) unopposed hearings; or

(3) opposed hearings where the application is for an order under section 34 (a contact order) and the principle of contact is unopposed.

(i) Proceedings under section 38 of the Children Act 1989 (c.41) (interim care or supervision orders).

A Circuit Judge nominated for Public family law proceedings;

a District Judge of the Principal Registry of the Family Division of the High Court; or

a District Judge nominated for Public family law proceedings.

All circumstances.

All circumstances

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(i)

Description of proceedings

(ii)

Description of judge

(iii)

Circumstances in which allocation applies

(j) Proceedings under any of the following provisions of the Children Act 1989 (c.41):

[section 39(3) (variation of supervision order);

section 36(1) (education supervision order);

paragraph 15(2), or 17(1) of Schedule 3 (extension and discharge of education supervision order);

section 43 (child assessment order);

sections 44, 45(4), 45(8), 46(7), 48(9) (order for emergency protection of child);

section 50 (recovery order);

applications for leave under section 91(14), (15) or (17) further applications);

Applications under section 21 of the Adoption Act 1976 (c.36) (substitution of adoption agencies).]

A Circuit Judge nominated for Public family law proceedings;

a District Judge of the Principal Registry of the Family Division of the High Court; or

a District Judge nominated for Public family law proceedings.

All circumstances.

All circumstances

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(i)

Description of proceedings

(ii)

Description of judge

(iii)

Circumstances in which allocation applies

(k) Proceedings under the following provisions of the Child Support Act 1991 (c.48):

section 20 (appeals);

a Circuit Judge nominated for Private or Public family law proceedings; or

a District Judge of the Principal Registry of the Family Division of the High Court.

All circumstances

(l) The hearing of an appeal under:

(i) rule 8.1 of the Family Proceedings Rules 1991;

(ii) Order 37, rule 6 of the County Court Rules 1981 as applied by the said rule 8.1; or

(iii) the Children (Allocation of Proceedings) (Appeals) Order 1991 ("the 1991 Order").

A person capable of sitting as a judge of a county court district and nominated for Private or Public family law proceedings.

Where, under these directions such person would have been able to hear the matter at first instance but subject to the exception contained in article 2(b) of the 1991 Order.

(m) Proceedings under section 30 of the Human Fertilisation and Embryology Act 1990 (c.37).

A Circuit Judge nominated for Private or Public family law proceedings; or

A District Judge of the Principal Registry of the Family Division of the High Court; or

a District Judge.

All circumstances.

Interlocutory matters.

Interlocutory matters

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(i)

Description of proceedings

(ii)

Description of judge

(iii)

Circumstances in which allocation applies

(n) Proceedings under any of the following provisions of the Family Law Act 1986 (c.55) in respect of proceedings or orders made under section 8 of the Children Act 1989 (c.41):

[section 33 (power to order disclosure of child's whereabouts);

section 34 (power to order recovery of child);

section 37 (surrender of passports).]

(o) Proceedings under any of the following provisions of the Family Law Act 1986 (c 55):

[section 55 (declaration as to marital status)

section 55A (declarations of parentage)

section 56 (declarations of legitimacy or legitimation)

section 57 (declarations as to adoptions effected overseas).]

A Circuit Judge nominated for Private or Public family law proceedings; or

a District Judge of the Principal Registry of the Family Division of the High Court; or

a District Judge nominated for Private or Public family law proceedings.

A Circuit Judge nominated for Private or Public family law proceedings; or

A District Judge of the Principal Registry of the Family Division of the High Court; or

A District Judge.

All circumstances.

All circumstances

Interlocutory matters

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Family Proceedings (Allocation to Judiciary ) (Amendment) Directions 2002