In an unclassified non-contentious family case, which family court has jurisdiction, and what does the provision tie that jurisdiction to?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the papers showing whether the matter is pleaded as an unclassified non-contentious family case, and those recording facts about the opposing party on which the opposing party's ordinary court jurisdiction depends, since that is what the provision ties jurisdiction to. A copy of the filing and the docket showing which family court received it also matter to the same point.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its words: jurisdiction over an unclassified non-contentious family case belongs to the family court of the place where the opposing party's ordinary court jurisdiction lies, so the file must be able to place that party.
Another reading notes the provision fixes jurisdiction by the 'opposing party' alone, and leaves open what governs jurisdiction in a non-contentious family matter in which the file names no opposing party at all, as well as what determines the ordinary court jurisdiction of the opposing party in these cases.
Your judgment
Where the file records an applicant but no opposing party, which court could the papers show has jurisdiction?
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 add a rule for non-contentious family matters with no opposing party, or if a court decision explains how the opposing party's ordinary court jurisdiction is determined for these cases.