Family judges try to help both parties reach agreement, but where that is not possible, they will make a judgment based on evidence presented by the parties involved.
Family justice
This section sets out information about the work of the judiciary in the family courts.
The family justice system exists to help families avoid disputes as far as possible but also, if disputes or problems should arise, to enable them to resolve those problems quickly and with the minimum of pain caused to those involved. If at all possible the parties are encouraged to resolve their disputes out of court, for example through mediation – on the grounds that they are more likely to stick to any agreement if they themselves have had a role in formulating it.
When disputes do come to the courts, the cases are dealt with by magistrates and judges specially trained to deal with issues affecting families. These disputes often involve very difficult circumstances, for example relationship breakdown or child contact. Judges and magistrates work to make the circumstances of family disputes less adversarial and hearings can often be quite informal with, for example, all parties sitting around a table.
High Court - Family
Judges who sit in the High Court have jurisdiction to hear all cases relating to children and exercises an exclusive jurisdiction in wardship (see the glossary).
Judges in the High Court also hear appeals from family proceedings courts and cases transferred from the county courts or family proceedings courts.
More information about the role of High Court judges.
Circuit Judge – Family
As the name suggests, family circuit judges deal solely with cases involving family matters.
This mainly involves two sorts of work: private and public.
- Private cases are disputes that involve parents and concern their children, for example in divorces or separations who the children should live with, who they should see, where they should go to school or even if they can move to live abroad with one of their parents. The cases can also involve grandparents and other relatives.
- Public work is the term used for cases when local authorities take action to remove children from their parents care because they are being hurt in some way. Such cases can lead to children being adopted and this is also dealt with by the family judge.
More information on the role of circuit judges.
District Judge – Family
District Judges are full-time judges who deal with the majority of cases in the county courts of England and Wales and so are heavily involved in family proceedings.
In the field of family law district Judges hear a cases such as divorce and those dealing with the welfare of children.
More information on the role of the district judges - Family.
District Judge (Magistrates' Courts)
The role of a district judge (Magistrates' Courts) is to complement the work of the magistracy. They are legally qualified, salaried judges and they usually deal with the longer and more complex matters that come before magistrates' courts. They will sometimes sit alone, but mostly sit on the Bench with two other magistrates. District judges (Magistrates' Courts) also have jurisdiction to hear cases under the Extradition Acts and the Fugitive Offender Acts.
More information on the role of district judges (Magistrate's Courts).
Magistrates - Family Proceedings Courts
Magistrates undergo extensive training before they sit in Family Proceedings Courts where procedures are very different from the criminal courts; the court setting is much more informal and ideally takes place with parties seated around a large table. Cases can be very emotional and upsetting for both parties.
There is usually a fair amount of reading as both parties file statements and reports.
Cases are dealt with under:
- Public law - for instance when a local authority can intervene in the family's circumstances, when there is a high risk that children are deemed to be suffering from significant harm.
- Private law - when two parents cannot agree over residence, contact, names of their children etc.
Magistrates always provide written reasons and can be assisted with extra information provided by a childrens' guardian, usually a specialised social worker.