PRACTICE DIRECTION 2A – FUNCTIONS OF THE COURT IN THE FAMILY PROCEDURE RULES 2010 AND PRACTICE DIRECTIONS WHICH MAY BE PERFORMED BY A SINGLE JUSTICE OF THE PEACE
This PD applies to applications issued by the court on or after 6 April 2022. For applications issued by the court before 6 April 2022 see the following link.
See also Part 2
This Practice Direction supplements FPR Part 2, rule rule 2.5(1)(b)(ii) (Power to perform functions conferred on the court by these rules and practice directions)
1.1 Where the FPR or a practice direction provide for the court to perform any function, that function may be performed by single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act except that such a justice cannot perform the functions listed in –
(a) column 2 of Table 1 in accordance with the rules listed in column 1; and
(b) column 2 of Table 2 in accordance with the paragraph of the practice direction listed in column 1.
1.2 For the avoidance of doubt, unless a rule, practice direction or other enactment provides otherwise, a single lay justice cannot make the decision of the family court at the final hearing of an application for a substantive order. For example, a single lay justice cannot make a child arrangements order on notice, placement order, adoption or care order. However, a single lay justice can discharge the functions of the family court under the statutory provisions listed in rule 2.6 of the FPR.
Table 1
Rule | Nature of function |
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3.10 | Determining whether a MIAM exemption has been validly claimed or was validly claimed but is no longer applicable. |
4.1(3)(g) | Stay the whole or part of any proceedings or judgment either generally or until a specified date or event |
4.1(3)(l) | Exclude an issue from consideration |
4.1(3)(m) | Dismiss or give a decision on an application after a decision on a preliminary issue |
4.1(4)(a) | When the court makes an order, making that order subject to conditions |
4.1(6) | Varying and revoking an order (other than directions which the court has made) |
4.3(1) | Ability of the court to make orders (other than directions) of its own initiative |
4.3(7) | Recording a decision to strike out a statement of case or dismiss an application (including an application for permission to appeal) and considering whether it is appropriate to make a civil restraint order where the court considers that the application is totally without merit. |
4.4, 4.5 and 4.6 | All the powers of the family court under these rules (power to strike out statement of case, sanctions have effect unless defaulting party obtains relief from sanctions) |
Part 7 | The duties and powers of the family court in this Part. |
Part 8 | The duties and powers of the family court in this Part otherwise than specified in rule 8.20(4) and except in relation to applications for a declaration of parentage under section 55A of the 1986 Act. |
8.20(4) | A direction that a child should be made a respondent to the application for a declaration of parentage under section 55A of the Family Law Act 1986, except where the parties consent to the child being made a respondent |
9.11 (2) | Direction that a child be separately represented on an application |
9.12(1) | The duties of the family court upon the issue of an application for financial remedies for children. |
9.15 | The duties and powers of the family court in respect of the first appointment relating to applications for financial remedies for children. |
9.16(1) | Giving permission for the production of further documents between the first appointment and FDR appointment in applications for financial remedies for children. |
9.16(2) | Giving further directions or directing that parties attend an FDR appointment. |
9.17(8) | Making an appropriate consider order at the conclusion of an FDR appointment. |
9.17(9) | Giving directions for the future course of proceedings for financial remedies for children where it does not make an appropriate consent order. |
9.17(10) | Giving directions that the parties need not personally attend an FDR appointment. |
9.18A(5)(a) | Determining whether the standard procedure or the fast-track procedure should apply to an application for a financial remedy |
9.22 | All the powers of the family court under this rule (relating to proceedings by or against a person outside England and Wales for variation or revocation of orders under section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act) |
9.26B | The powers of the family court in respect of adding parties to, or removing parties from, proceedings for a financial remedy. |
9.33(6) | Giving notice of the date of the first appointment or other hearing in an application for a financial remedy where the applicant or respondent is the party with pension rights. |
9.34(3)(b) | Giving directions that a person objecting to a consent order for pension attachment attends court of furnish written details of the objection. |
9.36 | The duties of the family court in respect of making a pension sharing order or a pension attachment order. |
10.11(2) | Determining, following an arrest, whether the facts and circumstances leading to an arrest amount to breach of an occupation order or non-molestation order and deciding whether to adjourn proceedings. |
10.14 | Adjourning hearings for consideration of the penalty to be imposed for contempt of court. |
10.17(1) | The taking of recognizance.. |
Part 11 | The duties and powers of the family court in this Part. |
12.3(2) | Where the person with parental responsibility is a child, a direction for that child be made a party, except where the parties consent to that child being made a party |
12.3(3) | Direction that a child be made a party to proceedings or that a child who is a party be removed, except where the parties consent to the child being made a party or to the removal of that party |
12.3(4) | Consequential directions following the addition or removal of a party except where a single justice is able to make such a direction under rule 12.3(2) and (3) |
12.8(2) | Directing that an applicant effect service in section 8 private law proceedings. |
12.22 | Drawing up a timetable for public law proceedings. |
12.25 | The duties and powers of the family court in respect of case management hearings. |
12.26 | The duties and powers of the family court in respect of discussions between advocates. |
12.26C(1) | Giving reasons for, and an explanation of the impact on the welfare of the child of, decisions to extend time limits. |
12.61(1) and (2) | Considering the transfer of proceedings to the court of another contracting state, directions in relation to the manner in which parties may make representations and power to deal with question of transfer without a hearing with the consent of parties |
12.64(1) | Exercising court’s powers under Article 8 of the 1996 Hague Convention |
12.68(1) | Staying the proceedings |
12.68(3) | Giving reasons for the court’s decision, making a finding of fact and stating a finding of fact where such a finding has been made |
12.70(1) | Contemplating the placement of a child in another contracting state |
12.70(3) | Sending request directly to the central authority or other authority having jurisdiction in the other State |
12.70(4) | Sending request to Central Authority for England and Wales for onward transmission |
12.70(5) | Considering the documents which should accompany the request |
13.3(3) | Where the person with parental responsibility is a child, a direction for that child be made a party, except where the parties consent to that child being made a party |
13.3(4) | Direction that a child be made a party to proceedings or that a child who is a party be removed, except where the parties consent to the child being made a party or to the removal of that party |
13.3(5) | Consequential directions following the addition or removal of a party except where a single justice is able to make such a direction under rule 13.3(3) and (4) |
13.9(7) | Variation or revocation of direction following transfer, except where a single justice would be able to make the direction in question under rule 13.9(1) |
13.15(3) | Determination of the probable date of the child’s birth |
13.20(1) | Specifying a later date by which a parental order takes effect |
14.2(4) | Giving directions regarding the removal of serial numbers. |
14.3(2) | Direction that a child be made a respondent, except where the parties consent to the child being made a respondent |
14.3(3)(b) | Direction that a child who is a party be removed, except where the parties consent to the child being made a respondent |
14.3(4) | Consequential directions following the addition or removal of a party except where a single justice is able to make such a direction under rule 14.3(2) and (3) |
14.8(3) |
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14.16(8) | Making an adoption order under section 50 of the 2002 Act after personal attendance of one only of the applicants if there are special circumstances |
14.16(9) | Not making a placement order unless the legal representative of the applicant attends the final hearing |
14.17(4) | Determination of the probable date of the child’s birth |
14.25(1) | Specifying a later date by which an order takes effect |
15.3(1) | Permission to a person to take steps before the protected party has a litigation friend |
15.3(2) | Permission to a party to take steps (where during proceedings a person lacks capacity to continue to conduct proceedings) before the protected party has a litigation friend |
15.3(3) | Making an order that a step taken before a protected party has a litigation friend has effect |
15.6(1) | Making an order appointing a person as a litigation friend |
15.6(6) | Court may not appoint a litigation friend unless it is satisfied that the person complies with the conditions in rule 15.4(3) |
15.7 | Direction that a person may not act as a litigation friend, termination of an appointment, appointment of a litigation friend in substitution for an existing one |
16.2 | Power of court to make a child a party to proceedings if it considers it is in the best interests of the child to do so |
16.6(3)(a) | Permission to a child to conduct proceedings without a children’s guardian or litigation friend |
16.6(6) | Power of the court to grant an application under paragraph (3)(a) or (5) if the court considers that the child has sufficient understanding to conduct the proceedings |
16.6(7) | Power of the court to require the litigation friend or children’s guardian to take such part in proceedings (referred to in paragraph (6)) as the court directs |
16.6(8) | Power of the court to revoke permission granted under paragraph (3) in specified circumstances |
16.6(10) | Power of the court, in specified circumstances, to appoint a person to be the child’s litigation friend or children’s guardian |
16.8(2) | Permission to a person to take steps before the child has a litigation friend |
16.8(3) | Making an order that a step taken before the child has a litigation friend has effect |
16.11(1) | Making an order appointing a person as a litigation friend |
16.12 | Direction that a person may not act as a litigation friend, termination of an appointment, appointment of a litigation friend in substitution for an existing one |
16.23(2) | Permission to a person to take steps before the child has a children’s guardian |
18.3(1)(c) | Direction that a child be a respondent to an application under Part 18 |
18.9(1)(a) | Power of court to deal with a Part 18 application without a hearing |
18.12 | Power of the court to proceed in absence of a party, except where a single justice has the power to make the relevant order applied for |
19.8(2) | The court’s power to require or permit a party to give oral evidence at the hearing |
Part 20 | The duties and powers of the family court in this Part. |
21.3 | Power of court relating to withholding inspection or disclosure of a document |
22.1(2) to (4) | Power to exclude evidence that would otherwise be admissible, power to permit a party to adduce evidence, or to seek to rely on a document, in respect of which that party has failed to comply with requirements of Part 22 and power to limit cross examination |
22.6 | Court’s powers relating to use at final hearing of witness statements which have been served |
22.12 | Power of court to require evidence by affidavit instead of or in addition to a witness statement |
22.15(4) | Permission for a party to amend or withdraw any admission made by that party on such terms as the court thinks just |
22.20(3)(a) | Permission for a witness statement in proceedings in the family court under Part 9 to be used for a purpose other than the proceedings in which it is served |
25.4 | Giving permission to put expert evidence before the family court. |
25.5(1) | Having regard to any failure to comply with rule 25.6 or any direction of the family court about expert evidence when deciding whether to give permission mentioned in section 13(1), (3) or (5) of the 2014 Act or to give a direction under section 38(6) of the 1989 Act. |
25.6(1) | Giving directions in respect of permission mentioned in section 13(1), (3) or (5) of the 2014 Act or rule 25.4(2). |
27.5 | Granting applications to set aside judgments or orders following failure to attend. |
27.10(1)(b) | Direction that proceedings to which the Rules apply will not be held in private, expect that a single justice may give such a direction in relation to a hearing which that single justice is conducting |
27.11(2)(g) | Power of the court to permit any other person to be present during any hearing, except that a single justice may give such permission in relation to a hearing which that single justice is conducting |
27.11(3) | Direction that persons within rule 27.11(2)(f) shall not attend the proceedings or any part of them |
28.3(6) | Making an order requiring one party to pay the costs of another party. |
29.8(1) | Court’s opinion that it would be prevented by section 8 or 9 of the Child Support Act 1991 from making an order |
29.8(2) | Court’s consideration of the matter without a hearing |
29.8(10) | Power of the court to determine that it would be prevented by sections 8 or 9 of the 1991 Act from making an order, and to dismiss the application |
29.8(11) | The court must give written reasons for its decision |
29.9(2) | Direction that the document will be treated as if it contained the application and directions as the court considers appropriate as to the subsequent conduct of the proceedings |
29.12(1) | Permission for inspection of a document, except where no party to the proceedings to which that document relates objects |
29.13(1) | Direction for a court officer not to serve a copy of an order (other than directions that the single justice has made) to every party affected by it |
29.15 | Specifying alternative date for an order to take effect, except an order which the single justice has made |
29.16 | Correcting an accidental slip or omission in an order, except where that order was made by a single justice |
29.17 | Functions in relation to the transfer of proceedings to another court. |
29.19(3) | Giving directions in respect of requests for reconsideration of decisions on the allocation of proceedings. |
29.91(5) | Reconsidering decisions in respect of allocation of proceedings. |
Part 30 | Any power of the magistrates’ court (where it is the lower court) to grant or refuse permission to appeal, except where a single justice has the power to make the order which is subject to the appeal |
31.9 | Power for court to stay the proceedings |
32.22B | Powers in relation to methods of payment for means of payment orders. |
32.22C(2) | Notifying interested parties of the outcome of an application for a variation of a method of payment. |
32.22C(3) | Recording variations of methods of payment on the order to which the variation relates. |
Part 33 | The duties and powers of the family court in this Part. |
Part 34 | The duties and powers of the family court in this Part in so far as they relate to enforcement. |
Part 37 | The duties and powers of the family court in this Part. |
Part 38 | Recognition and Enforcement of Protection Measures. |
Part 39 | The duties and powers of the family court in this Part. |
Part 40 | The duties and powers of the family court in this Part. |
Table 2
PD 3A – Family Mediation Information and Assessment Meetings (MIAMS) – Paragraphs 7, 36 and 37 |
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PD 4B – Civil Restraint Orders |
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PD 7A – Procedure for Applications in Matrimonial and Civil Partnership Proceedings – Paragraphs 3.4, 5.3 and 7.1 |
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PD 7B – Medical Examinations on Applications for Annulment of a Marriage – Paragraph 1.1 |
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PD 7C – Polygamous Marriages– paragraph 2.4 |
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PD8A – Where to Start Certain Proceedings – Paragraph 1.2 |
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PD 12J – Child Arrangements and Contact Order: Domestic Abuse and Harm. |
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PD 12M – Family Assistance Orders: Consultation – paragraphs 1.2, 1.3 and 1.5 |
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PD 14B – The First Directions Hearing – adoptions with a Foreign Element – Paragraph 2 |
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PD 15A – Protected Parties – Paragraph 4.2(b) |
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PD16A – Representation of Children – Paragraph 6.8 |
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PD18A – Other Applications in Proceedings – Paragraphs 4.1 to 4.4(a) |
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PD 20A – Interim Remedies |
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PD22A – Written Evidence – Paragraphs 1.6, 14.1 and 14.2 |
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PD27A – Family Proceedings: Court Bundles (Universal Practice to be Applied in all Courts other than the Family Proceedings Court) |
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PD 27B – Attendance of Media Representatives at Hearings in Family Proceedings |
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PD 37A – Applications and Proceedings in relation to contempt of court |
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PD 40A – Charging Orders, Stop Orders and Stop Notices |
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