Rule 29.17 Transfer of proceedingsF1

(1)

Subject to paragraph (3), a court may transfer a case to another court, either of its own initiative or on the application of one of the parties if—

(a)

the parties consent to the transfer;

(b)

the court has held a hearing to determine whether a transfer should be ordered; or

(c)

paragraph (2) applies.

(2)

A court may transfer a case without a hearing if—

(a)

the court has notified the parties in writing that it intends to order a transfer; and

(b)

no party has, within 14 days of the notification being sent, requested a hearing to determine whether a transfer should be ordered.

(3)

A case may not be transferred from the family court to the High Court unless—

(a)

the decision to transfer was made by a judge sitting in the family court who is a person to whom paragraph (4) applies; or

(b)

one or more of the circumstances specified in Practice Direction 29C applies.

(4)

This paragraph applies to a person who is—

(a)

the President of the Family Division;

(b)

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

(c)

a puisne judge of the High Court.

Annotations

F1: Rules 29.17, 29.18 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 74 (with rule 137); S.I. 2014/954, art. 2