Guardianship of Minors Act 1971

Jurisdiction and procedure

15 Courts having jurisdiction under this Act

(1) Subject to the provisions of this section, "the court" for the purposes of this Act means—

(a) the High Court;

(b) the county court of the district in which the respondent (or any of the respondents) or the applicant or the minor to whom the application relates resides; or

(c) a magistrates' court having jurisdiction in the place in which any of the said persons resides.

(2) A magistrates' court shall not be competent to entertain—

(a) any application (other than an application for the variation or discharge of an existing order under this Act) relating to a minor who has attained the age of sixteen unless the minor is physically or mentally incapable of self-support; or

(b) any application involving the administration or application of any property belonging to or held in trust for a minor, or the income thereof.

(3) A county court or magistrates' court shall not have jurisdiction under this Act in any case where the respondent or any of the respondents resides in Scotland or Northern Ireland—

(a) except in so far as such jurisdiction may be exercisable by virtue of the following provisions of this section ; or

(b) unless a summons or other originating process can be served and is served on the respondent or, as the case may be, on the respondents in England or Wales.

(4) An order under this Act giving the custody of a minor to the mother, whether with or without an order requiring the father to make payments to the mother towards the minor's maintenance, may be made, if the father resides in Scotland or Northern Ireland and the mother and the minor in England or Wales, by a magistrates' court having jurisdiction in the place in which the mother resides.

(5) It is hereby declared that a magistrates' court has jurisdiction—

(a) in proceedings under this Act by a person residing in Scotland or Northern Ireland against a person residing in England or Wales for an order relating to the custody of a minor (including, in the case of proceedings by the mother, an order requiring the father to make payments to the mother towards the minor's maintenance);

(b) in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of any such order.

(6) Where proceedings for an order under subsection (1) of section 9 of this Act relating to the custody of a minor are brought in a magistrates' court by a woman residing in Scotland or Northern Ireland, the court shall have jurisdiction to make any order in respect of the minor under that subsection on the application of the respondent in the proceedings.

16 Appeals and procedure

(1) Where any application has been made under this Act to a county court, the High Court shall, at the instance of any party to the application, order the application to be removed to the High Court and there proceeded with on such terms as to costs as it thinks proper.

(2) An appeal shall lie to the High Court from any order made by a county court under this Act.

(3) Subject to subsection (4) of this section, where on an application to a magistrates' court under this Act the court makes or refuses to make an order, an appeal shall lie to the High Court.

(4) Where an application is made to a magistrates' court under this Act, and the court considers that the matter is one which would more conveniently be dealt with by the High Court, the magistrates' count may refuse to make an order, and in that case no appeal shall lie to the High Court.

17 Saving for powers of High Court and other courts

(1) Nothing in this Act shall restrict or affect the jurisdiction of the High Court to appoint or remove guardians or otherwise in respect of minors.

(2) Nothing in section 15(4), (5) or (6) of this Act shall be construed as derogating from any jurisdiction exercisable, apart from those provisions, by any court in England or Wales; and it is hereby declared that any jurisdiction conferred by those provisions is exercisable notwithstanding that any party to the proceedings is not domiciled in England and Wales.