Jurisdiction

Jurisdiction

The issue of jurisdiction should be addressed at the outset of the proceedings and dealt with in a procedurally appropriate manner.

Inherent and statutory jurisdiction

Statutory jurisdiction is found in a wide range of domestic legislation including the Matrimonial Causes Act 1973, the Civil Partnership Act 2004 (CPA 2004), the Children Act 1989 and the Domicile and Matrimonial Proceedings Act 1973 (DMPA 1973).

Most aspects of family law are governed by domestic statute and statutory instruments together with various Hague Conventions. See practice Note: Hague Conventions—toolkit for family practitioners. However, there remain cases where recourse will be made to the inherent jurisdiction. The inherent jurisdiction is not confined to the wardship jurisdiction, thus it is not necessary for a child to be a ward of court before the inherent jurisdiction may be exercised. The procedure in relation to wardship proceedings is governed by the Family Procedure Rules 2010, SI 2010/2955. In relation to children proceedings the High Court inherent jurisdiction derives from the Royal Prerogative, as parens patriae, ie to take care of those who are not able to take care of themselves.

See

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Family weekly highlights—21 November 2024

This week’s edition of Family considers the interface between property law and financial remedy in the context of bankruptcy and the role of the financial dispute resolution hearing in financial remedy proceedings. Four new flowcharts setting out the steps to be taken in applications for financial provision after overseas divorce or dissolution and applications for pension sharing orders are set out, together with details of a new webinar on AI and family law.

Exceptional reasons required to bypass FDRs (GH v GH)

Family analysis: In GH v GH, Mr Justice Peel confirmed the importance of the financial dispute resolution hearing (FDR) and that bypassing this hearing to go from first appointment to final hearing is only appropriate in exceptional circumstances. This applies even where financial positions are not fully crystallised at the time of the FDR.

Family weekly highlights—14 November 2024

This week's edition of Family weekly highlights includes details of the latest Family Procedure Rule Committee meeting minutes, the President of the Family Division’s address to the British Society of Paediatric Radiologists and the Family Justice Council’s 17th annual debate. Judgments in relation to parental orders, charging orders and overseas adoption are considered. Details of a new toolkit on Scottish family law are set out.

The interface between property law and financial remedy in the context of bankruptcy (DDR v BDR)

Family analysis: This judgment shows the court adopting a highly structured approach to the determination of questions of property law prior to the determination of a financial remedy application against a backdrop of bankruptcy proceedings, procedural and evidential confusion and limited involvement of lawyers until a late stage. It is also a user-friendly reminder of the court's approach to common intention constructive trusts and the quantification of beneficial interests in a sole legal owner case.