JUDICATURE (FAMILY COURT) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Establishment of Family Court

   4   Jurisdiction of the Court

   5   Judges of the Court

   6   Sittings

   6A   Establishment of Regional Family Court

   6B   Jurisdiction

   6C   Judges of the Courts

   6D   Sittings

   7   Officers of the Court

   7A   Appointment of Judge to act temporarily

   8   Power to amend Schedule

   9   Rules of Court

   10   Appeals

   11   Transitional

      SCHEDULE

 

THE JUDICATURE (FAMILY COURT) ACT

[Date of Commencement: 18th December, 1975]

Acts
41 of 1975,
22 of 1978,
8 of 1982,
6 of 1987,
4 of 2004.

1   Short title

   This Act may be cited as the Judicature (Family Court) Act.

2   Interpretation

   In this Act-

   "the Court" means a Family Court established under this Act;

   "the Corporate Area" means the combined area of the parishes of Kingston and Saint Andrew;

   "functions" includes powers and duties;

   "Judge" means a Judge of a Family Court;

   "law" includes any instrument having the force of law and any unwritten rule of law;

   "tribunal" includes any Court or other authority.

[22/1978 s 2]

PART I
Family Court for Kingston and Saint Andrew

3   Establishment of Family Court

   (1) There shall be established a Court of Record to be called the Family Court, which shall have such jurisdiction and powers as may be conferred upon it by virtue of this Act or any other law.

[22/1978 s 3.]

   (2) The Chief Justice shall cause the Court to be provided with a seal, which shall be judicially noticed, and all process issuing from the Court shall be sealed or stamped with such seal.

   (3) References in this Part to "the Court" or "the Family Court" shall be construed as references to the Court established by this section.

[22/1978 s 4.]

   (4) The Court may be distinguished from other Family Courts under this Act by the use after the words "Family Court" of the words "Corporate Area Region".

4   Jurisdiction of the Court

   (1) The Court shall have jurisdiction to try or otherwise deal with offences, causes, or matters, as provided in that behalf in any of the enactments for the time being specified in the Schedule.

   (2) The Court shall have all the functions and authorities incident to the jurisdiction conferred upon it by subsection (1).

   (3) Without prejudice to anything ordered or otherwise provided under this Act, the jurisdiction of the Court shall extend to the parishes of Kingston and Saint Andrew as if they formed one parish and the provisions of subsection (3) of section 5 shall be construed accordingly.

   (4) Subject as otherwise provided by or under this Act, the like process, procedure and practice as relate to the exercise of jurisdiction of a Resident Magistrate's Court, and otherwise to the conduct of its business, shall be observed, in so far as they are applicable (with necessary adaptations), in relation to the exercise of jurisdiction, and otherwise to the conduct of business, of the Family Court and, without prejudice to the generality of the foregoing, the judgements and orders of the Family Court and the attendance of persons before it, whether as accused persons or witnesses or otherwise, may be enforced accordingly.

5   Judges of the Court

   (1) There shall be two Judges of the Family Court, to whose offices section 112 of the Constitution of Jamaica (which relates to appointment, etc, of judicial officers) shall apply, and each Judge of the Court shall, by virtue of his appointment, be capable of exercising and administering all the jurisdiction and functions of the Court.

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