Inherent jurisdiction orders related to children in the Family Court

James Dove, Harcourt Chambers

Re K (Powers of the Family Court) [2024] EWCA Civ 2 confirmed that the Family Court has powers to make inherent jurisdiction orders.  This wide-ranging article explores when the Family Court may exercise the inherent jurisdiction in proceedings related to children.  This is mostly likely to arise in public law proceedings rather than private law proceedings for reasons set out in the article.  The covers the use of injunctions made under the inherent jurisdiction, and other remedies that may be available under section 37 of the Senior Courts Act 1981, the Human Rights Act 1998, the Children Act 1989, the Family Law Act 1996 and the Domestic Abuse Act 2021; the article questions whether the inherent jurisdiction should be used in different scenarios, or whether there are other statutory remedies, some of which may not be open to the Family Court.  The article also considers Reporting Restriction Orders and how they should be approached in the Family Court.

The full article has published in the June issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.