Single family court for England and Wales
21.Family proceedings are currently heard at first instance in the magistrates' courts (family proceedings courts), the county courts and the High Court. While the Family Procedure Rules 2010(9) largely govern the practices and procedures of all courts dealing with family proceedings, each court’s family jurisdiction is constituted and governed by a variety of different statues. For example, section 33(1) of the Matrimonial and Family Proceedings Act 1984 allows the Lord Chancellor to designate certain county courts as “divorce county courts”, which have jurisdiction to hear and determine any matrimonial matters.
22.In March 2010, the Family Justice Review Panel, chaired by David Norgrove and commissioned by the Ministry of Justice, the Department for Education, and the Welsh Government, began their review of the family justice system in England and Wales. In November 2011 the Family Justice Review Panel published their final report, Family Justice Review – Final Report,(10) in which they recommended that a single family court, with a single point of entry, should replace the current three tiers of court. Prior to publication of the Panel’s final report the Government consulted on the Panel’s interim report and recommendation Family Justice Review – Interim Report(11). An analysis of consultation responses was integrated into the Panel’s final report; however, in summary the majority of respondents to the consultation (75%) agreed that a single family court should be created.
23.A written ministerial statement on 6 February 2012 (House of Commons, Official Report, column WS3) announced the publication of the Government’s response to that Panel’s final report (CM 8273)(12). The response noted “we [the Government] will establish a single Family Court for England and Wales, with a single point of entry, as the Review recommended”. Section 17(3) of the Act gives effect to this.
