Rule 10.10 Orders for transfer of family proceedings

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

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 10.10(1) word inserted by Family Proceedings 2005 rule 107(a)
rule 10.10(1A) inserted by Family Proceedings 2005 rule 107(b)
rule 10.10(2A) inserted by Family Proceedings 2005 rule 107(c)
rule 10.10(3) words substituted by Family Proceedings 2005 rule 107(d)(i)
rule 10.10(3) words substituted by Family Proceedings 2005 rule 107(d)(ii)
rule 10.10(4) words substituted by Family Proceedings 2005 rule 107(e)
rule 10.10(6) words substituted by Family Proceedings 2005 rule 107(f)
rule 10.10(7) words substituted by Family Proceedings 2005 rule 107(e)

(1)

Where a cause is pending in the High Court, the district judge of the registry in which the cause is pending or a judge may order that the cause be transferred to another registry.

(2)

Where a cause is pending in a divorce county court, the court may order that the cause be transferred to another divorce county court.

(3)

Paragraphs (1) and (2) shall apply to applications in causes as they apply to causes; but before making an order for transfer of an application the court shall consider whether it would be more convenient to transfer the cause under paragraph (1) or (2), as the case may be.

(4)

The court shall not, either of its own motion or on the application of any party, make an order under paragraph (1), (2) or (3) unless the parties have either—

(a)

had an opportunity of being heard on the question, or

(b)

consented to such an order.

(5)

Where the parties, or any of them, desire to be heard on the question of a transfer, the court shall give the parties notice of a date, time and place at which the question will be considered.

(6)

Paragraphs (4) and (5) shall apply with the necessary modifications to an order for the transfer of family proceedings under section 38^f1 or 39 of the Act of 1984 as they apply to an order under paragraph (1) or (2) of this rule.

(7)

Paragraphs (4) and (5) shall not apply where the court makes an order for transfer under paragraphs (1), (2) or (3) in compliance with the provisions of any Order made under Part I of Schedule 11 to the Children Act 1989^f2.

Annotations

Footnotes

f1: Section 38 was amended by section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (c. 18).
f2: 1989 c. 41.