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Masthead Local Govt - Child

Senior family judge issues guidance on transfer of cases to High Court

The President of the Family Division has issued guidance on the allocation of cases within the family court to a High Court judge and the transfer of cases from the family court to the High Court.

Munby J 146x219Sir James Munby (pictured) said there remained “considerable confusion” concerning the extent and exercise of the power by judges sitting in the family court to transfer a case, or part of a case, to the High Court.

He added: “A transfer of a case to the High Court to be heard by a judge of that court is not the same thing as an allocation of a case within the family court to a judge of High Court judge level. This is a crucial distinction which still too often appears to be overlooked.

“This confusion derives in significant part from the complexity of the legislative framework governing the family court. This Guidance seeks to clarify the position.”

The guidance deals in turn with six topics:

  1. The family court and its relationship with the High Court.
  2. The jurisdiction of the family court.
  3. The allocation of matters as between the family court and the High Court.
  4. The allocation of matters within the family court.
  5. The transfer of matters from the family court to the High Court.
  6. Transfer: general principles

The guidance – Jurisdiction of the family court: allocation of cases within the family court to High Court judge level and transfer of cases from the family court to the High Courtcan be viewed here.

 

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