chapter  7
14 Pages

Family Breakdown

The whole principle and nature of orders regarding the children of the family following the breakdown of a marriage were profoundly altered by the Children Act 1989. The magistrates' family proceedings court has a concurrent jurisdiction with the county court and the High Court in most private law proceedings relating to family breakdown under the Children Act 1989, and sole jurisdiction in what remains of the Domestic Proceedings and Magistrates' Courts Act 1978. 'A prohibited steps order' allows all courts in family proceedings access to powers once only available in wardship. Family Assistance Order is intended to provide short-term help from a Child and Family Court and Support Services (CAFCASS) family court reporter or a local authority social worker to 'advise and assist and befriend members of a family'. Both occupation and non-molestation orders may be made either within other family proceedings or without other family proceedings being instituted.