Family Courts Act 2024
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Jurisdiction, proceedings and sittings of Family High Court | ||
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10. The Act of 1961 is amended by the insertion of the following sections after section 8: | ||
“General jurisdiction of Family High Court | ||
8A. (1) On the coming into operation of section 10 of the Act of 2024, the Family High Court may exercise, in addition to the original and inherent jurisdiction of the High Court, the exclusive jurisdiction in family law proceedings for which jurisdiction of the High Court was provided in the following enactments before the coming into operation of that section: | ||
(a) the Adoption Act 2010 ; | ||
(b) the Child Abduction and Enforcement of Custody Orders Act 1991 ; | ||
(c) the European Communities (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 ( S.I. No. 400 of 2022 ); | ||
(d) Part IVA of the Child Care Act 1991 . | ||
(2) The jurisdiction of the Family High Court shall include the hearing of— | ||
(a) appeals of decisions of the Family Circuit Court (other than decisions of that Court in respect of appeals from the Family District Court), and | ||
(b) cases stated from the Family District Court and the Family Circuit Court. | ||
Exercise of jurisdiction by judges of Family High Court | ||
8B. The jurisdiction of the Family High Court shall be exercisable by the Principal Judge of the Family High Court and by each judge of the Family High Court save that, where the Principal Judge of the Family High Court directs that 2 or more such judges shall sit together for the purpose of a particular case, the jurisdiction of the Court for that purpose shall be exercised by those judges sitting together. | ||
Proceedings and sittings of Family High Court | ||
8C. (1) An application to the Family High Court to commence family law proceedings shall state in the originating document— | ||
(a) subject to any rules of court or practice direction, the circumstances giving rise to the application, and | ||
(b) subject to subsection (2), whether or not mediation under the Mediation Act 2017 has been attempted. | ||
(2) Subsection (1)(b) shall not apply to an application to commence proceedings under— | ||
(a) the Status of Children Act 1987 , | ||
(b) the Child Care Act 1991 , | ||
(c) section 29 of the Family Law Act 1995 , | ||
(d) nullity proceedings under the Family Law Act 1995 , | ||
(e) the Civil Registration Act 2004 , | ||
(f) section 4 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , | ||
(g) nullity proceedings under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , | ||
(h) the Adoption Act 2010 , | ||
(i) Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 20132 on mutual recognition of protection measures in civil matters, | ||
(k) the Gender Recognition Act 2015 , or | ||
(l) the Domestic Violence Act 2018 . | ||
(3) Upon his or her own motion or upon the request of a party to family law proceedings, a judge of the Family High Court may, at any stage during the proceedings, if he or she considers that mediation or another alternative dispute resolution process would assist in resolving some or all of the issues in dispute, suspend the proceedings to allow the parties to seek to resolve those issues through such means. | ||
(4) In considering whether to suspend the proceedings under subsection (3), the judge shall endeavour to ensure that any suspension of proceedings does not have the effect of— | ||
(a) adversely affecting the safety of a party to the proceedings or a child to whom the proceedings relate, | ||
(b) unduly delaying the resolution of the issues in dispute, or | ||
(c) materially increasing the costs of proceedings. | ||
(5) Family High Court proceedings shall be as informal as is practicable and consistent with the administration of justice. | ||
(6) Neither a judge sitting in the Family High Court nor a barrister nor a solicitor appearing in that Court shall wear a wig or gown. | ||
(7) Subject to subsection (8), the Family High Court shall sit to hear and determine family law proceedings either— | ||
(a) in a different building or room from the building or room in which sittings of any other court (other than the Family Circuit Court or the Family District Court) are held, or | ||
(b) on different days or at different times from the days on which, or times at which, sittings of any such other court (other than the Family Circuit Court or the Family District Court) are held. | ||
(8) Subsection (7) shall not apply where— | ||
(a) the safety or welfare of a party to the proceedings or a child to whom the proceedings relate is likely to be adversely affected if the proceedings are not heard as a matter of urgency, or | ||
(b) due to the urgency of the case or in exceptional circumstances the court is satisfied that compliance with that subsection is not possible.”. | ||