The Children (Allocation of Proceedings) Order 1991

Transfer from magistrates' court to county court by magistrates' court

7.—(1) Subject to paragraphs (2), (3) and (4) and to articles 15 to 18, a magistrates" court may, upon application by a party or of its own motion, transfer to a county court proceedings of any of the kinds mentioned in article 3(1) where it considers it in the interests of the child to do so having regard, first, to the principle set out in section 1(2) and, secondly, to the following questions:

(a) whether the proceedings are exceptionally grave, important or complex, in particular–

(i) because of complicated or conflicting evidence about the risks involved to the child"s physical or moral well-being or about other matters relating to the welfare of the child;

(ii) because of the number of parties;

(iii) because of a conflict with the law of another jurisdiction;

(iv) because of some novel and difficult point of law; or

(v) because of some question of general public interest;

(b) whether it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in another court; and

(c) whether transfer is likely significantly to accelerate the determination of the proceedings, where–

(i) no other method of doing so, including transfer to another magistrates' court, is appropriate, and

(ii) delay would seriously prejudice the interests of the child who is the subject of the proceedings.

(2) Notwithstanding paragraph (1), proceedings of the kind mentioned in subparagraph (g) to (j), (1), (m), (p) or (q) of article 3(1) shall not be transferred from a magistrates' court.

(3) Notwithstanding paragraph (1), proceedings of the kind mentioned in subparagraph (a) or (n) of article 3(1) shall only be transferred from a magistrates'court to a county court in order to be heard together with other family proceedings which arise out of the same circumstances as gave rise to the proceedings to be transferred and which are pending in another court.

(4) Notwithstanding paragraphs (1) and (3), proceedings of the kind mentioned in article 3(1)(a) shall not be transferred from a magistrates' court which is not a family proceedings court within the meaning of section 92(1).