Rule 5.4 Where to start proceedingsF1
(1)
Where both the family court and the High Court have jurisdiction to deal with a matter, the proceedings relating to that matter must be started in the family court.
(2)
Paragraph (1) does not apply where—
(a)
proceedings relating to the same parties are already being heard in the High Court;
(b)
any rule, other enactment or Practice Direction provides otherwise; or
(c)
the court otherwise directs.
Annotations
Textual amendments
- F1
Rule 5.4 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 9 (with rule 137); S.I. 2014/954, art. 2
Notes on Part 5
Textual amendments
- F1
Pt. 5 heading substituted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 5