{
  "url": "https://openlegislation.uk/family-law-act-1996-part-ivallocation-of-proceedings-order-1997/article-8",
  "json_url": "https://openlegislation.uk/family-law-act-1996-part-ivallocation-of-proceedings-order-1997/article-8.json",
  "legislation": "uksi/1997/1896",
  "legislation_title": "The Family Law Act 1996 (Part IV)(Allocation of Proceedings) Order 1997",
  "legislation_url": "https://openlegislation.uk/family-law-act-1996-part-ivallocation-of-proceedings-order-1997",
  "path": "article/8",
  "kind": "article",
  "number": "8",
  "heading": "Transfer from family proceedings court to county court",
  "text": "(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—\n(a) it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that court; or\n(b) the proceedings involve—\n(i) a conflict with the law of another jurisdiction;\n(ii) some novel and difficult point of law;\n(iii) some question of general public interest; or\n(c) the proceedings are exceptionally complex.\n(2) A family proceedings court must transfer proceedings under Part IV to a county court where—\n(a) a child under the age of eighteen is the respondent to the application or wishes to become a party to the proceedings; or\n(b) a party to the proceedings is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983, is incapable of managing and administering his property and affairs.\n(3) Except where transfer is ordered under paragraph (1)(a), the proceedings shall be transferred to the nearest county court.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1980 c. 20."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2007/1898",
      "affecting_title": "The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1896/article/8",
    "retrieved_at": "2026-10-29T11:59:13.963370+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}