s 26 Jurisdiction of Family Courts
26.—(1) A Family Court is a court of record. (2) Subject to subsections (4), (5) and (6), a Family Court has —(a) all the civil jurisdiction of the General Division of the High Court mentioned in section 22(1)(a) and (b); (b) when exercising any jurisdiction mentioned in section 22(1)(a) or (b), all the powers of the General Division of the High Court in the exercise of the original civil jurisdiction of the General Division of the High Court; and (c) such other jurisdiction relating to family proceedings as is conferred on a Family Court by any written law.[40/2019] (3) Without limiting subsection (2), the jurisdiction of a Family Court to hear and try any civil proceedings which come within the jurisdiction of the Syariah Court constituted under the Administration of Muslim Law Act 1966 is the same as that of the General Division of the High Court, as if section 17A of the Supreme Court of Judicature Act 1969 applies to a Family Court with the modification that any reference in that section to the General Division of the High Court is a reference to a Family Court.[40/2019] (3A) Where an application may be made to either a Family Court or the Family Division of the High Court, the application must be made in the first instance to a Family Court.[Act 18 of 2023 wef 15/10/2024] (4) Despite subsections (2), (3) and (3A), the Chief Justice may by order in the Gazette direct that any class or description of family proceedings specified in the order are to be heard and determined by the Family Division of the High Court.[16/2016] (5) Subject to section 28A of the Supreme Court of Judicature Act 1969 and any order made under subsection (1) of that section, the jurisdiction of a Family Court under subsection (2) does not include —(a) any supervisory jurisdiction or revisionary jurisdiction; (b) any jurisdiction relating to the judicial review of any act done or decision made by any person or authority, including the issue of any of the following prerogative orders:(i) a Mandatory Order; (ii) a Prohibiting Order; (iii) a Quashing Order; (iv) an Order for Review of Detention; (c) any jurisdiction vested exclusively in the General Division of the High Court, in a Youth Court, in any State Court, or in any judicial, quasi‑judicial or administrative tribunal, by written law; and (d) any jurisdiction expressly excluded by written law.[40/2019] (6) A Family Court has jurisdiction to grant relief by way of interpleader, and to order the sale of any property subject to interpleader proceedings, only in either of the following circumstances:(a) where a bailiff of the Family Justice Courts is charged with the execution of any process or enforcement order of a Family Justice Court, and claim is made to any money or other movable property taken or intended to be taken in execution of the process or under or pursuant to the enforcement order, or to the proceeds or value of any such property, by any person other than the person against whom the process is issued;[Act 25 of 2021 wef 15/10/2024] (b) where the person seeking relief —(i) is a party to any proceedings before a Family Justice Court; and (ii) is under liability for any debt, money or other movable property for or in respect of which the person has been or expects to be sued by 2 or more parties making adverse claims thereto. (6A) The Family Court has the jurisdiction and powers of a District Court to hear civil proceedings in relation to any claim or order under the Protection from Harassment Act 2014*, except any claim under section 11 of that Act.[Act 17 of 2019 wef 15/10/2024] [*Updated to be consistent with the 2020 Revised Edition] (6B) Where any written law specifies that any provisions of the Criminal Procedure Code 2010 apply to any family proceedings, those provisions apply to the family proceedings in the Family Court with any modifications that may be prescribed by the Family Justice Rules.[Act 18 of 2023 wef 15/10/2024] (7) The criminal jurisdiction of a Family Court is the same as that of a District Court under section 50 of the State Courts Act 1970 and section 8 of the Criminal Procedure Code 2010. (8) When a Family Court exercises criminal jurisdiction in any proceedings —(a) the Family Court has all the powers of a District Court exercising criminal jurisdiction; and (b) the provisions of the Criminal Procedure Code 2010 apply to those proceedings in the Family Court, with any modifications that may be prescribed by the Family Justice Rules.[Act 18 of 2023 wef 15/10/2024] (9) Subject to any other written law, a Family Court may, either on its own motion or on the application of any person, order any party to any proceedings in a Family Court, or any child involved in or whose custody or welfare is involved in the proceedings —(a) to undergo any mediation or other alternative dispute resolution process or counselling, or to participate in any family support programme or activity, as directed by the Family Court; or (b) to attend any professional clinical or therapeutic intervention sessions as directed by the Family Court.[Act 18 of 2023 wef 31/01/2024] (10) Where a Family Court orders any party or child to undergo any mediation or other alternative dispute resolution process under subsection (9), the Family Court also has the following powers:(a) to conduct the mediation or other alternative dispute resolution process; (b) to appoint a judicial officer, an officer of the Family Justice Courts or any other person to conduct the mediation or other alternative dispute resolution process.[Act 18 of 2023 wef 31/01/2024] (11) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order made under subsection (9) on or after the date of commencement of section 6(e) of the Family Justice Reform Act 2023 does not constitute a contempt of court.[Act 18 of 2023 wef 31/01/2024] (12) Where a person fails to comply with any order made under subsection (9) on or after the date of commencement of section 6(e) of the Family Justice Reform Act 2023 in any proceedings, the Family Court may —(a) stay the proceedings until the order has been complied with; (b) order any person responsible for the non‑compliance to pay the costs of the proceedings; or (c) make any other order that the Family Court thinks fit.[Act 18 of 2023 wef 31/01/2024]