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allocation-and-gatekeeping

Family Court Library

General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practrice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network
 
Allocation and Gatekeeping
 
 

9.1

It is important that the form C100 is fully completed (including the provision of telephone numbers of the relevant parties), otherwise there may be a delay in processing the application; where the form is not fully completed, the court staff may request further information before the application form is accepted for issue. It is also important that the form C100, the Acknowledgement Form C7 and, where applicable, any Supplemental Information Form C1A are fully and accurately completed to enable the court to make appropriate decisions about allocation and case management.

9.2

The application shall be considered by a nominated Legal Adviser &/or nominated District Judge (‘the Gatekeeper(s)’) within one working day of the date of receipt in accordance with the appropriate Rules of Procedure.

9.3

An application for a relevant family order shall be allocated to a level of judge in the Family Court in accordance with the Guidance issued by the President on ‘Allocation and Gatekeeping for Proceedings under Part II of the Children Act 1989 (Private Law Proceedings) and the Family Court (Composition and Distribution of Business) Rules 2014, together with the Allocation Schedule.

 
 

9.4

Gatekeepers shall be able to issue Directions on Issue in the following circumstances –

(1) where, on the basis of information provided on the application form and any additional information provided on a C1A Supplemental Information Form, the Gatekeeper finds that the exemption from attending a MIAM has not been validly been claimed, the Gatekeeper will direct the applicant, or direct the parties to attend a MIAM before the FHDRA, unless the Gatekeeper considers that in all the circumstances of the case the MIAM requirement should not apply to the application in question; the Gatekeeper will have particular regard to the matters set out in rule 3.10(3) FPR when making this decision;

(2) where it appears that an urgent issue requires determination, the Gatekeeper may give directions for an accelerated hearing;

(3) exceptionally, where it appears that directions need to be given for the service and filing of evidence, he/she may give directions for the filing of evidence.

 
 
 

 

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