1. Royal Court Home Page
2. Courts
3. The Court System
4. The Magistrate's Court
5. Domestic Proceedings

Domestic Proceedings

The Magistrate's Court exercises jurisdiction over a range of private law family matters for unmarried individuals, or those who are married and are seeking maintenance or separation, or those seeking domestic violence injunctions. These matters can include affiliations and child maintenance payments, questions relating to child residence and contact and many other issues which can arise when relationship breaks down.

Who are the parties involved?

The Litigant in Person (LiP) refers to any Applicant or other individual bringing an application of any sort before the Magistrate's Court. The "Respondent" is the individual against whom the action is being brought. A LiP will be liable to pay Court fees initially; however costs may be wholly or partly awarded to the LiP depending on the judgement given.

What is the procedure?

1) The LiP can be given some procedural guidance by a Court Services Officer and some assistance in completing the required paperwork.
2) The LiP should pay the summons and court fees.
3) The LiP will receive a letter containing the hearing date and time of the hearing.
4) The LiP reports to the Court Security Officer 5 minutes before the stated hearing date and time and will be shown to the appropriate Court room.
5) The hearing takes place and a decision may be given at the conclusion of the hearing or, for more complicated matters, the LiP may be invited to return a few days later for the judgment to be given.
6) The LiP (and the respondent) will receive an Act of Court by e-mail or post shortly after the court hearing.
7) If the respondent is unwilling to adhere to the Act of Court, the LiP can bring the Act of Court to the Royal Court counter for HM Sheriff to enforce.

On the 'downloads' section of this page you will find the relevant application form and Court Fees Form, both of with will need to be completed in order to start the domestic proceedings process.

Should you require any further information the staff at the Royal Court counter will be happy to assist, however please note that they are unable to provide any legal advice. Should you require legal advice please refer to an advocate.