Example sentences of "[prep] [art] family [noun pl] court " in BNC.
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| 1 | In the result this appeal will be allowed and I order a rehearing before a fresh bench of the family proceedings court . |
| 2 | The responsibility and duties of the family proceedings court cease on the making of the care order , subject to the provisions of section 34 which make provision for contact orders being made by the court . |
| 3 | ( a ) Powers of a single justice A single justice may exercise the jurisdiction of the family proceedings court : ( 1 ) To make the following orders on an ex parte application : ( i ) a prohibited steps or specific issue order ( s10 ) ; ( ii ) an emergency protection order ( s44(1) ) ; ( iii ) a warrant for police assistance in the execution of an emergency protection order ( s48(9) ) ; ( iv ) a recovery order ( s50(1) ) ; ( v ) cancellation of registration or variation of requirement imposed on person providing day care ( s75(1) ) ; ( vi ) a warrant for police assistance to search for children or inspect premises in circumstances specified in s102(6). ( 2 ) To grant leave to commence proceedings : ( i ) to a child wishing to apply for the discharge of a parental responsibility order ( s4(3) ( b ) ) ; ( ii ) to a person not otherwise entitled to apply for contact with a child in care ( s34(1) ( b ) ) ; ( iii ) to anyone wishing to apply for a child assessment order , the substitution of supervision order for a care order or the discharge of a care order , supervision order , or education supervision order within six months of a previous application ( s91(15) ) ; ( iv ) to anyone wishing to make a further application for a contact order under s34 ( contact with a child in care ) within six months of refusal of a previous application ( s91(17) ) ; ( v ) to a child wishing to apply for discharge of an existing custody or access order under the transitional provisions ( Sched 4 , para 11(4) ) . |
| 4 | In the case of the family proceedings court appeal lies to the Family Division of the High Court . |
| 5 | Further , the justices were under a duty to state any findings of fact and the reasons for the court 's decisions , pursuant to rule 21(6) of the Family Proceedings Courts ( Children Act 1989 ) Rules 1991 ( S.I . |
| 6 | Rule 21(6) of the Family Proceedings Courts ( Children Act 1989 ) Rules 1991 requires the court to state any findings of fact and the reason for the court 's decision . |
| 7 | I say at once that I have considerable sympathy with justices called upon to comply with rule 21(6) of the Family Proceedings Courts ( Children Act 1989 ) Rules 1991 . |
| 8 | I will ask the guardian ad litem to prepare a further report for the use of the court and I will direct that a psychiatric report be obtained by the local authority for the use of the court with copies to be made available to the parties under rule 26 of the Family Proceedings Courts ( Children Act 1989 ) Rules 1991 . |
| 9 | When an appeal is made from a decision of a family proceedings court in a secure accommodation order case , or in any case of urgency where time is short , it is the duty of the appellant solicitor to make the district registry or the district judge aware of the need for urgency and to invite the district registry or district judge to list the matter at the nearest court where an early hearing can take place before a High Court judge ( post , p. 92D–E ) . |
| 10 | When an appeal is made from a decision of a family proceedings court in a secure accommodation order case , or in any case of urgency where time is short , it is the duty of the appellant solicitor to make the district registry aware of the need for urgency and to invite the district registry or the district judge to list the matter at the nearest court where an early hearing can take place before a High Court judge . |
| 11 | Nominated care district judges can : ( a ) transfer cases up to the High Court following transfer from the family proceedings court ; ( b ) consider " appeals " against a justices ' clerk 's refusal to transfer a case ; ( c ) make emergency protection orders in proceedings issued in the county court or transferred up from the family proceedings court ; ( d ) give directions and make uncontested public law orders ; ( e ) make some public law orders in contested cases , eg education supervision orders . |
| 12 | Nominated care district judges can : ( a ) transfer cases up to the High Court following transfer from the family proceedings court ; ( b ) consider " appeals " against a justices ' clerk 's refusal to transfer a case ; ( c ) make emergency protection orders in proceedings issued in the county court or transferred up from the family proceedings court ; ( d ) give directions and make uncontested public law orders ; ( e ) make some public law orders in contested cases , eg education supervision orders . |
| 13 | Judges of the Family Division will also hear appeals from the family proceedings court in public law cases . |
| 14 | 1 Appeal from the family proceedings court |
| 15 | The circumstances leading up to the matter being before the family proceedings court on 23 December 1991 I need mention only in outline having regard to the course which I am going to take in regard to this appeal . |
| 16 | In proceedings before the family proceedings court , where the parties agree on the order which they seek , it would be of assistance to the court to submit a proposed draft order . |
| 17 | However , magistrates have a large amount of work relating to family matters which is heard in private in the Family Proceedings Court . |
| 18 | When the criminal proceedings in the youth court end , and the same young person who has been held in secure accommodation or remand on the same day may be the subject of an application in the family proceedings court , with a guardian to represent them . |
| 19 | By a respondent 's notice dated 28 February 1992 the father contended that in the event of the appeal being allowed in part the order should be varied so that the local authority pay to the father a sum representing the costs incurred by the father in the family proceedings court and that sum to be calculated by a costs draftsman by reference to the Legal Aid in Family Proceedings ( Remuneration ) Regulations 1991 or alternatively , to an order that the local authority pay to the father a sum representing in relating to the proceedings below calculated in the same way but excluding all or part of the costs incurred on 27 and 28 January 1992 . |
| 20 | The grounds on which the father relied were , inter alia , that ( 1 ) the justices heard evidence from which they could properly conclude that his costs had been incurred as a result of the actions and omissions of the local authority ; ( 2 ) as there was no machinery for taxation of costs the justices were correct to assess the amount of the costs ; ( 3 ) the father was entitled to his costs incurred in the Family Proceedings court to the extent allowable under the Legal Aid in Family Proceedings ( Remuneration ) Regulations 1991 and the justices were correct to hold that the actions of the local authority justified making the costs order which included the costs of the hearing on 27 and 28 January 1992 . |
| 21 | This is an appeal to the High Court from an order of justices sitting in the Family Proceedings Court at Hillingdon . |
| 22 | On 23 December 1991 the directions hearing contemplated by the Children Act 1989 procedure was held in the family proceedings court and the hearing of the father 's application fixed for 27 and 28 January 1992 . |
| 23 | Thus , the following applications must be made in the family proceedings court : ( i ) secure accommodation orders ( s25 ) ; ( ii ) care and supervision orders ( s31 ) ; ( iii ) leave to change name of child in care or remove from United Kingdom ( s33(7) ) ; ( iv ) contact with child in care ( s34 ) ; ( v ) education supervision orders ( s36 ) ; ( vi ) child assessment orders ( s43 ) ; ( vii ) emergency protection orders and related applications ( ss44 , 45 , 46(7) , 48 ) ; ( viii ) recovery orders ( s50 ) ; ( ix ) contribution orders in respect of a child in care ( Sched 2 , para 23 ) ; ( x ) approval to emigration of a child in care ( Sched 2 , para 19 ) ; ( xi ) police warrant of assistance ( s102 ) . |
| 24 | In the family proceedings court leave must first be obtained from the justices ' clerk . |
| 25 | In the family proceedings court leave may be given by a justices ' clerk . |
| 26 | The directions appointment is a form of preliminary hearing before a single justice or clerk in the family proceedings court and a district judge in the county court . |
| 27 | A witness in the family proceedings court who refuses to give evidence or produce any document once he gets to court may be committed to prison for a term not exceeding one month or fined up to £1,000 or both ( MCA , s97(4) ) . |
| 28 | In the family proceedings court s69(1) of the Magistrates ' Courts Act 1980 stipulates that only the following may be present : ( i ) officers of the court ; ( ii ) the parties , their solicitors and counsel , witnesses and others directly concerned in the case ; ( iii ) representatives of the press ; ( iv ) any person given permission by the court , eg trainee social workers , researchers etc . |
| 29 | In the family proceedings court , where the provisions of Part I of the Civil Evidence Act 1968 have yet to be brought into force , the narrower provisions of the Evidence Act 1938 apply to supplement the common law rules . |
| 30 | Any witness in the family proceedings court , whether attending by summons or otherwise , who refuses to give evidence or produce any document to the court as required may be committed to prison for a term not exceeding one month or fined an amount not exceeding £1,000 , or both ( Magistrates ' Courts Act 1980 , s97(4) ) . |