Rule 33.4 Transfer of orders

(1)

This rule applies to an application for the transfer—

(a)

to the High Court of an order made in F1the family court; and

(b)

to the family court of an order made in the High Court.

(2)

The application must be—

(a)

made without notice; and

(b)

accompanied by a statement which complies with rule 33.3(1).

(3)

The transfer will have effect upon the filing of the application.

(4)

Where an order is transferred from the family court to the High Court—

(a)

it will have the same force and effect; and

(b)

the same proceedings may be taken on it,

as if it were an order of the High Court.

(5)

This rule does not apply to the transfer of orders for periodical payments or for the recovery of arrears of periodical payments.

Annotations

F1: Words in rule 33.4 substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 30 (with rule 45)