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Article 8 Transfer from family proceedings court to county court

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A family proceedings court may, on application or of its own motion, transfer proceedings under Part IV to a county court where it considers that—

(a)

it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that court; or

(b)

the proceedings involve—

(i)

a conflict with the law of another jurisdiction;

(ii)

some novel and difficult point of law;

(iii)

some question of general public interest; or

(c)

the proceedings are exceptionally complex.

(2)

A family proceedings court must transfer proceedings under Part IV to a county court where—

(a)

a child under the age of eighteen is the respondent to the application or wishes to become a party to the proceedings; or

(b)

a party to the proceedings is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983f1, is incapable of managing and administering his property and affairs.

(3)

Except where transfer is ordered under paragraph (1)(a), the proceedings shall be transferred to the nearest county court.

Annotations

Footnotes

f1

1980 c. 20.