C12

Prospective affecting provision: section inserted by Family Courts Act 2024 (48/2024), s. 10, not commenced as of date of revision.

F23[8C.—(1) An application to the Family High Court to commence family law proceedings shall state in the originating document—

(a) subject to any rules of court or practice direction, the circumstances giving rise to the application, and

(b) subject to subsection (2), whether or not mediation under the Mediation Act 2017 has been attempted.

(2) Subsection (1)(b) shall not apply to an application to commence proceedings under—

(a) the Status of Children Act 1987,

(b) the Child Care Act 1991,

(c) section 29 of the Family Law Act 1995,

(d) nullity proceedings under the Family Law Act 1995,

(e) the Civil Registration Act 2004,

(f) section 4 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,

(g) nullity proceedings under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,

(h) the Adoption Act 2010,

(i) Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013² on mutual recognition of protection measures in civil matters,

(j) the Children and Family Relationships Act 2015,

(k) the Gender Recognition Act 2015, F24[…]

(l) the Domestic Violence Act F25[2018, or]

F26[(m) Part 4 of the Mental Health Act 2026.]

(3) Upon his or her own motion or upon the request of a party to family law proceedings, a judge of the Family High Court may, at any stage during the proceedings, if he or she considers that mediation or another alternative dispute resolution process would assist in resolving some or all of the issues in dispute, suspend the proceedings to allow the parties to seek to resolve those issues through such means.

(4) In considering whether to suspend the proceedings under subsection (3), the judge shall endeavour to ensure that any suspension of proceedings does not have the effect of—

(a) adversely affecting the safety of a party to the proceedings or a child to whom the proceedings relate,

(b) unduly delaying the resolution of the issues in dispute, or

(c) materially increasing the costs of proceedings.

(5) Family High Court proceedings shall be as informal as is practicable and consistent with the administration of justice.

(6) Neither a judge sitting in the Family High Court nor a barrister nor a solicitor appearing in that Court shall wear a wig or gown.

(7) Subject to subsection (8), the Family High Court shall sit to hear and determine family law proceedings either—

(a) in a different building or room from the building or room in which sittings of any other court (other than the Family Circuit Court or the Family District Court) are held, or

(b) on different days or at different times from the days on which, or times at which, sittings of any such other court (other than the Family Circuit Court or the Family District Court) are held.

(8) Subsection (7) shall not apply where—

(a) the safety or welfare of a party to the proceedings or a child to whom the proceedings relate is likely to be adversely affected if the proceedings are not heard as a matter of urgency, or

(b) due to the urgency of the case or in exceptional circumstances the court is satisfied that compliance with that subsection is not possible.]