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The Children (Allocation of Proceedings) Order (Northern Ireland) 1996

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Transfer to family care centre following refusal to transfer

9.—(1) Where a family proceedings court or other court of summary jurisdiction refuses to transfer proceedings under Article 5 or 8 respectively, a party to those proceedings may apply to a family care centre for an order under paragraph (2).

(2) Upon hearing an application under paragraph (1) the court shall transfer the proceedings—

(a)to itself where, having had regard to the principle set out in Article 3(2) of the 1995 Order and the criteria set out in Article 5(1)(a) to (e), it considers it in the interests of the child to do so; or

(b)to the High Court where, having had regard to the principle set out in Article 3(2) of the 1995 Order, it considers that the proceedings are appropriate for determination in the High Court and that such determination would be in the interests of the child.

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