Family Courts Act 2024
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Proceedings in Family District Court | ||
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39. (1) An application to the Family District Court to commence family law proceedings shall state in the originating application— | ||
(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 Act of 1991, | ||
(b) the Civil Registration Act 2004 , | ||
(c) Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 20134 on mutual recognition of protection measures in civil matters, | ||
(d) the Act of 2015, or | ||
(e) the Act of 2018. | ||
(3) Without prejudice to sections 66 and 69, where family law proceedings may, under an enactment, be initiated in the Family District Court or another court, nothing in this Act shall require such proceedings to be initiated in the Family District Court. | ||
(4) Upon his or her own motion or upon the request of a party to family law proceedings, a judge of the Family District 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 issues in dispute, suspend the proceedings to allow the parties to resolve those issues by such means. | ||
(5) In considering whether to suspend the proceedings under subsection (4), 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. | ||
(6) Family District Court proceedings shall be as informal as is practicable and consistent with the administration of justice. | ||
(7) Neither a judge sitting in the Family District Court nor a barrister nor a solicitor appearing in that Court shall wear a wig or gown. | ||