Section 19 — Family Proceedings Act 1980: Duty of Courts as to reconciliation and conciliation

19 Duty of Courts as to reconciliation and conciliation (1) In all proceedings under this Act between spouses or civil union partners (other than proceedings under section 27 or section 29 or section 32 of this Act),

and in all proceedings under the Care of Children Act 2004 between spouses, civil union partners, or de facto partners for any order about the role of providing day-to-day care for a child, or about contact with a child, the Court shall— (a) Consider from time to time the possibility of a reconciliation between the spouses, civil union partners, or de facto partners, or of conciliation between them on any matter in issue; and (b) Take such further steps as in its opinion may assist in promoting reconciliation or, if reconciliation is not possible, conciliation. (2) In all proceedings under this Act between spouses, civil union partners, or de facto partners for the dissolution of their marriage or civil union, where it appears to the Court from the nature of the case, the evidence, or the attitude of either or both of the spouses, civil union partners, or de facto partners, that there is a reasonable possibility of a reconciliation between them, or of conciliation between them on any matter in issue, the Court may— (a) Adjourn the proceedings to afford the spouses, civil union partners, or de facto partners an opportunity for reconciliation, or for conciliation; and (b) Nominate a counsellor or, in special circumstances, any other suitable person, to explore the possibility of reconciliation or, if reconciliation does not appear to be possible, to attempt to promote conciliation. (3) Where, not less than 28 days after any proceedings have been adjourned under subsection (2) of this section, either spouse, civil union partner, or de facto partner so requests, the hearing shall, unless the Court otherwise directs, be resumed. (4) Where the Court considers that special circumstances exist, the Court may, on the application of either spouse, civil union partner, or de facto partner, resume the hearing before the expiration of the period of 28 days mentioned in subsection (3) of this section. Compare: 1963 No 71 s 4; 1968 No 62 ss 13, 15 Subsection (1) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouses or civil union partners ” for the words “ a husband and wife ” in both places they appear. Subsection (1) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ , civil union partners, or de facto partners ” for the words “ or civil union partners ” the second and third times they appeared. Subsection (1) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ Care of Children Act 2004 ” for the words “ Guardianship Act 1968 ” . Subsection (1) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ about the role of providing day-to-day care for a child, or about contact with a child ” for the words “ relating to custody or access ” . Subsections (1)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouses or civil union partners ” for the words “ husband and wife ” . Subsection (2) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Subsection (2) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouses or civil union partners ” for the words “ a husband and wife ” . Subsection (2) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ either or both of the spouses or civil union partners ” for the words “ the husband and wife ” where they first appear. Subsection (2) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the word “ , civil union partners, or de facto partners ” for the words “ or civil union partners ” wherever they appear. Subsection (2)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ the spouses or civil union partners ” for the words “ the husband and wife ” . Subsections (3) and (4) were amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ either spouse or civil union partner ” for the words “ the husband and wife ” . Subsections (3) and (4) were amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ , civil union partner, or de facto partner ” for the words “ or civil union partner ” .