OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order provides for the allocation and transfer of certain proceedings concerning children and proceedings under Part 4 and 4A of the Family Law Act 1996 between the High Court, county courts and magistrates’ courts.

Part 1 contains provisions for interpreting the Order, specifies classes of county courts and provides for the principal registry of the Family Division to be treated as a county court.

Part 2 specifies the proceedings, or circumstances in which proceedings, may be started in a particular level of court or specified class of court.

Part 3 sets out the circumstances in which proceedings may be transferred between levels of courts, class of court or particular court.

Part 4 provides for applications following refusal to order the transfer of proceedings from a magistrates’ court to a county court and for appeals against the transfer of proceedings to a magistrates’ court by a court.

Part 5 contains revocations, consequential amendments and transitional provisions.