Article 2 Appeals to a judge of the High Court

(1)

An appeal shall lie to a judge of the High Court from a decision in family proceedings made by—

(a)

a district judge of the High Court;

(b)

a district judge of the principal registry of the Family Division;

(c)

a costs judge; or

(d)

a person appointed to act as a deputy for any person holding an office referred to in sub-paragraphs (a) to (c) or to act as a temporary additional officer in any such office.

(2)

Paragraph (1) applies irrespective of whether the family proceedings in which the decision was made are in the High Court or whether they are in the principal registry of the Family Division of the High Court when it is treated as if it were—

(a)

a divorce county court^f1;

(b)

a civil partnership proceedings county court^f2;

(c)

a family hearing centre^f3;

(d)

a care centre;

(e)

an adoption centre;

(f)

an intercountry adoption centre;

(g)

a forced marriage county court; or

(h)

a county court for the purposes of appeals from decisions of a magistrates’ court under—

(i)

section 94 of the Children Act 1989; and

(ii)

section 61 of the Family Law Act 1996^f4.

Annotations

Footnotes

f1: By virtue of section 42(4) of the Matrimonial and Family Proceedings Act 1984, the principal registry of the Family Division is treated as a divorce county court.
f2: By virtue of section 42(4ZA) of the Matrimonial and Family Proceedings Act 1984, the principal registry of the Family Division is treated as a civil partnership proceedings county court. Section 42(4ZA) was inserted by the Civil Partnership Act 2004 (c.33), section 261(1), Schedule 27, paragraph 96(1) and (8).
f3: By virtue of article 3(1)(a) to (e) of the Allocation and Transfer of Proceedings Order 2008(S.I.2008/2836), the principal registry of the Family Division is treated as a family hearing centre, a care centre, an adoption centre, an inter country adoption centre and a forced marriage county court.
f4: By virtue of article 3(2) of the Allocation and Transfer of Proceedings Order 2008, the principal registry of the Family Division is treated as a county court for the purposes of appeals from decisions of a magistrates’ court under section 94 of the Children Act 1989 (c.41.) and section 61 of the Family Law Act 1996 (c.27). Article 3(2) was inserted by article 11 of the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I.2009/871).