Part V Family Business: Distribution and Transfer
Distribution and transfer of family business and proceedings
37 Directions as to distribution and transfer of family business and proceedings.
The President of the Family Division may, with the concurrence of the Lord Chancellor, give directions with respect to the distribution and transfer between the High Court and F4the family court of family business and family proceedings.
C2C3C438C1 Transfer of family proceedings from High Court F2...
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 F5the family court.
2
The following family proceedings are transferable F6to the family court under this section, namely—
a
all family proceedings commenced in the High Court which are within the jurisdiction of F7the family court;
b
wardship proceedings, except applications for an order that a minor be made, or cease to be, a ward of court F1or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors; and
c
d
all matrimonial causes and matters transferred from the family court or a county court otherwise than as mentioned in paragraph (c) above.
F93
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F93A
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F93B
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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 F10the 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.
C5C6C739 Transfer of family proceedings to High Court F3....
1
At any stage in any family proceedings in F11the family court, the family 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 the High Court.
2
The following family proceedings are transferable to the High Court under this section, namely—
F12a
all family proceedings commenced in the family court which are within the jurisdiction of the High Court, and
b
all family proceedings transferred from the High Court under section 38 above.