Family Courts Act 2024
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Sittings of Family District Court | ||
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40. The Act of 1953 is amended— | ||
(a) by the insertion of the following section after section 26A: | ||
“Sittings of Family District Court | ||
26B. (1) Subject to subsection (2), the Family District 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 High Court or the Family Circuit 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 High Court or the Family Circuit Court) are held. | ||
(2) Subsection (1) 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. | ||
(3) The Principal Judge of the Family District Court shall have and exercise the powers conferred on him or her by subsection (4) for the purposes of ensuring— | ||
(a) an equitable distribution of the work of the Family District Court among the judges of the Court, and | ||
(b) the prompt despatch of the business of that Court in the Family District Court districts. | ||
(4) The Courts Service may, having consulted with the President of the District Court and the Principal Judge of the Family District Court, and having regard to the requirements of subsection (1), by notice specify from time to time in respect of a Family District Court district— | ||
(a) the places within that district at which sittings of the Family District Court are to be held, and | ||
(b) in respect of each place within that district at which sittings are to be held, the dates on which sittings shall be held and the time at which such sittings shall commence. | ||
(5) A notice under subsection (4) shall— | ||
(a) have effect from the date of its publication or such other date as is specified in the notice, | ||
(b) remain in effect until the expiry of such period as is specified in the notice, and | ||
(c) be published on the website of the Courts Service. | ||
(6) A notice issued under subsection (4) may be amended or revoked by the Courts Service at any time following its issue and before it ceases to have effect under paragraph (a) or (b) of subsection (5).”, | ||
and | ||
(b) in section 27(3), by the substitution of “Subject to section 26B (inserted by section 40 of the Act of 2024), it shall be lawful” for “It shall be lawful”. |