OpenLegislation

Section 38 Transfer of family proceedings from High Court ....F9C1C2C3C4

England and Wales

(1)

At any stage in any family proceedings in the High Court the High Court may, if the proceedings are transferable under this section, either of its own motion or on the application of any party to the proceedings, order the transfer of the whole or any part of the proceedings to F1the family court.

(2)

The following family proceedings are transferable F2to the family court under this section, namely—

(a)

all family proceedings commenced in the High Court which are within the jurisdiction of F3the family court;

(b)

wardship proceedings, except applications for an order that a minor be made, or cease to be, a ward of court F4or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors; and

(c)

all family proceedings transferred F5... to the High Court under section 39 below or section 41 of the M1County Courts Act 1984 (transfer to High Court by order of High Court); F6and

(d)

all matrimonial causes and matters transferred from the family court or a county court otherwise than as mentioned in paragraph (c) above.

F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The transfer shall not affect any right of appeal from the order directing the transfer, or the right to enforce in the High Court any judgment signed, or order made, in that Court before the transfer.

(5)

Where proceedings are transferred to F8the family court under this section, the family court—

(a)

if it has no jurisdiction apart from this paragraph, shall have jurisdiction to hear and determine those proceedings;

(b)

shall have jurisdiction to award any relief which could have been awarded by the High Court.

Annotations

Textual amendments

F1

Words in s. 38(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Words in s. 38(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3

Words in s. 38(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4

Words in s. 38(2)(b) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 51 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F5

Words in s. 38(2)(c) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(3)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6

S. 38(2)(d) and word inserted by virtue of Matrimonial Proceedings (Transfers) Act 1988 (c. 18, SIF 49:3), s. 1(1) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 101; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

F7

S. 38(3)-(3B) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8

Words in s. 38(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9

Words in s. 38 heading omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal citations

M1

1984 c. 28.

Modifications

C1

S. 38 restricted by S.I. 1965/1776, Order 90, rule 2B (as inserted by S.I. 1986/632, rule 27)

C2

S. 38 excluded (14.10.1991) by S.I. 1991/1677, art.5.

C3

S. 38: power to exclude conferred (28.7.1997) by 1996 c. 27, s. 57(7); S.I. 1997/1892, art. 2

C4

S. 38 excluded (1.10.1997) by S.I. 1997/1896, art. 6