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Article 5 Transfer from a family proceedings court to a family care centre

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2) and to Articles 6 and 7 a family proceedings court shall, upon application by a party or of its own motion, transfer to a family care centre proceedings of a kind mentioned in Article 3(1) where it considers that the proceedings are exceptionally grave, important or complex in particular—

(a)

because of complicated or conflicting evidence about the child’s physical or moral well-being or about other matters relating to the child’s welfare;

(b)

because of the number of parties;

(c)

because of a conflict of law with another jurisdiction;

(d)

because of some novel or difficult point of law; or

(e)

because of some question of general public interest.

(2)

The court shall only transfer proceedings in accordance with paragraph (1) where, having had regard to the principle set out in Article 3(2) of the 1995 Order, it considers it in the interests of the child to do so.