Which family court has jurisdiction over a family litigation case when the statute gives no special rule on the point?
General information · Not legal advice
Material to check
In the practice file we check where the defendant's ordinary forum lies, since that is what the provision turns on, and we look for the papers showing the defendant's address or residence. We also note whether the case raises a point for which the Family Litigation Act itself lays down a special rule on jurisdiction.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the ordinary forum rule as the starting point: absent any special provision in the Act, the family court where the defendant's ordinary forum lies has jurisdiction, so the defendant's position anchors the case.
Another reading stresses the exception written into the rule: it applies only where the Act has no special provision, so any such provision displaces this ordinary forum rule, and the file has to show whether one applies.
Your judgment
How could the file show that the Family Litigation Act contains no special provision governing jurisdiction over this particular family litigation?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the forum or its exception, or if a court decision explains which family litigation matters count as having a special provision on jurisdiction.