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The Family Court

The Family Court

Apr 17, 2024

Many applications for court orders concerning children begin in the Family Magistrates Court.  This is somewhat alarming because we immediately associate magistrates with crime, but It’s important to distinguish between the courts – just because they are chaired by magistrates, a Family Magistrates court is most certainly not a criminal court.

 

How is the Family Court different from the ordinary magistrate’s court?

Magistrates are members of the public who volunteer to help their community.  They are not legally qualified.   Any magistrate sitting in the Family Court has received special training to understand and hear cases concerning family issues, and my experience is that they listen carefully and thoughtfully.  Their aim is to determine what is in the best interests of the child.  Family magistrates are not concerned with guilt and innocence, and they are not there to punish.

The family court is usually less formal: there are no wigs or robes, people involved sit rather than stand, magistrates speak directly to parents, and often people are not represented by a lawyer.

 

Unlike the criminal court, family proceedings are private.

Only the parties and their legal representatives may enter the court.

There is no public right to sit in court and listen to family cases. Reporting restrictions and confidentiality requirements are in place to protect children.

 

What cases do Family Magistrates hear?

Magistrates’ courts hear two types of family cases: public and private.

In private law cases, magistrates determine what is in the best interests of the child when parents are separating and cannot agree on arrangements.

In public law cases, magistrates determine what is in the best interests of a child where there is a risk of harm and social services are involved with a family.

Magistrates do not hear cases about financial settlements when partners or parents separate or divorce.

Magistrates also do not hear cases about child maintenance. These cases are dealt with by the Child Maintenance Service.

These more legally complex family cases are heard by the higher family courts and are chaired by district judges or circuit judges.  

 

Any questions do get in touch with our family team on 01206 577676 or visit our website for more information. 

 

 

 

For more information

Contact us on 01206 577676 or you can email [email protected]

Safeguard your children by appointing a Guardian in your Will

Safeguard your children by appointing a Guardian in your Will

Apr 5, 2024

A Guardian is an individual who is legally appointed under the terms of your Will to care for a child and make decisions for them when they are not old enough to make decisions for themselves. Appointing a Guardian in your Will safeguards your children if you die when they are still minors. 

Choosing a Guardian in your Will can also help prevent family disputes arising upon your death over who should take responsibility for the care of your children. In the absence of you appointing a Guardian in your Will, it may then fall to the court to decide who should care for your children and this may not be someone you would have chosen yourself. The court may decide to appoint someone with a different parenting style to you, therefore appointing a Guardian yourself, in your Will, provides peace of mind knowing that should the worst happen, your children will be cared for by someone you have chosen in a way in which you would have approved. 

When appointing your Guardian in your Will you can also place a Letter of Wishes with your Will to outline certain educational and personal health decision that you would like your Guardian to take into consideration when looking after your children. This enables your children to be raised with continuity of care and in keeping with their unique needs and preferences. It is essential that you have a conversation with your appointed Guardian to enable them to fully understand your wishes and feelings for the care of your children in the event that the worst should happen. 

For further information on preparing a Will, please contact our Private Client Department on 01206 577676.

For more information

Contact us on 01206 577676 or you can email [email protected]