CA 1989 s. 92: Definition of 'the court'
Defines 'the court' as the High Court or family court for the Children Act 1989. Clarifies which court has jurisdiction.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the purposes of this Act “ the court ” means the High Court or the family court . Subsection (7) is subject to ... any express provision as to the jurisdiction of any court made by any other provision of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II of Schedule 11 makes amendments consequential on this section.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines the term 'the court' when used in the Children Act 1989. It means either the High Court or the family court.
The definition is subject to any express provision elsewhere in the Act that assigns jurisdiction to a specific court.
Part II of Schedule 11 makes amendments consequential on this section.
When it applies
- A local authority applies for a care order and needs to know whether to file in the High Court or family court.
- A parent seeking a child arrangements order must determine if the family court is the correct court under the Act.
- A judge in the High Court makes an order under the Children Act and relies on this definition to confirm they are a valid 'court'.
- A party challenges a magistrates' court's jurisdiction in a Children Act matter because the magistrates' court is not listed as 'the court'.
What this section does not say
- This section does not grant any substantive rights or duties, only defines a term.
- It does not allocate specific proceedings between the High Court and family court; that is handled by other provisions and court rules.
- It does not cover the jurisdiction of magistrates' courts or the Court of Appeal under other legislation.
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This page reproduces the text of CA 1989 s. 92 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.