Magistrates Court Family

Domestic proceeding relate to proceedings for maintenance, enforcement of UK and EU maintenance orders, affiliation orders, matrimonial domestic proceedings, child support, children and certain issues under civil partnership.

Domestic businesses, insofar as possible to be arranged, for a separate hearing from other types of proceedings. No persons are to be present in court except, the court and court officers, parties and their representatives and representatives of newspapers and news agencies. The court may exclude anyone other than the parties and their representatives, if it thinks necessary in the interest of the administration of justice and public decency.

Newspapers may not publish or print nor might broadcasters publish particulars of domestic proceedings other than fair particulars of the facts involved, the grounds of application, charges, submissions of law and decision. It is an offence for an owner, editor or publisher of a newspaper or periodical, or a person providing a broadcasting programme to contravene this obligation.

Where a summary jurisdiction court orders money to be paid periodically by a debtor to a creditor, then if the order is a maintenance or qualifying maintenance order, the court shall at the time exercise powers requiring that the payments be either made

• directly by the debtor to the creditor;
• or be made to a collecting officer;
• or in the case of a qualifying maintenance order, that the payments are made under the order by the debtor to the creditor by such method specified below;
• standing order, other methods which the requires one person gives authority for payments to be made on account, in the case of maintenance.
• In other cases other than maintenance, the order is that the money be paid directly or paid to a collecting officer (amend earlier part).

The collecting officer is a clerk of the petty sessions or such other person as may be appointed as collecting officer of the petty sessions district. There is power to make attachment of earnings orders in relation to maintenance order. The court will hear representations as to which method of payment should be ordered.

The Lord Chancellor may by regulations confer on courts of summary jurisdiction, in addition to the above power, additional power to order that payments under a qualifying maintenance order be made by the debtor or creditor to the collecting officer by such method as may be specified in the regulations.

Where a court of summary jurisdiction orders that monies be paid to a collecting officer other than a civil servant in the Department of Justice, regulations may specify percentage of the money to be payable by way of remuneration. A person against whom an order by the way of collecting order is made must give details of his address and change of address to the collecting officer.

Where payments are required under a UK order to be made periodically to a collecting officer, standing order, payment by another method which requires one person gives authority for payment of a specific amount to be made from his account and any sums are in arrear, the collecting officer may proceed in his own name for recovery of the sums.

Where payments under a UK order are required to be periodically made to or through a collecting officer, the person for whose benefit they are required to be made may give authority to the collecting officer to proceed.

The authority or collecting officer may of his own, may after getting authority, proceed to collect arrears. The collecting officer made proceed in his own name to recover the arrears and other sums due under the order in relation to a maintenance order. This covers maintenance orders made in Northern Ireland but also anywhere else in the United Kingdom.

Where maintenance orders are required to be made periodically and the debtor fails to comply, the person for whose benefit the payments are made may make a complaint to a justice of the peace. The justice of peace may, if satisfied that the nature of the failure was such as to justify imposing a penalty, may impose a penalty for up to £1000. This is deemed a Magistrates’ Court conviction.

Where a court of summary jurisdiction has made an order for periodical payment, the court may on complaint, revoke, revive or discharge or vary the order.

There is jurisdiction to vary a maintenance order. Application is made and 14 days notice given to the other party. The jurisdiction may be potentially be exercised by the clerk as he considers it appropriate to do so in the context. The clerk’s jurisdiction is limited to a qualifying maintenance order which is one where the debtor is ordinarily resident in Northern Ireland.

On hearing a complaint for enforcement, revival, discharge or variation of a maintenance order, the court may remit the whole or part of the sum. It may order the whole or any part and sums due under the order to be paid by installment, if an installment order is made.