The Children (Allocation of Proceedings) Order 1991

ALLOCATION OF PROCEEDINGS TO PARTICULAR COUNTY COURTS

Commencement

14.  Subject to articles 18, 19 and 20 and to rule 2.40 of the Family Proceedings Rules 1991(1) (Application under Part I or II of the Children Act 1989 where matrimonial cause is pending), an application under the Act or under the Adoption Act 1976 which is to be commenced in a county court shall be commenced in a divorce county court.

Proceedings under Part I or II or Schedule 1

15.—(2) Subject to paragraph (3), where an application under Part I or II or Schedule 1 is to be transferred from a magistrates" court to a county court, it shall be transferred to a divorce county court.

(2) Subject to paragraph (3), where an application under Part I or II or Schedule 1, other than an application for an order under section 8, is to be transferred from the High Court to a county court, it shall be transferred to a divorce county court.

(3) Where an application under Part I or II or Schedule 1, other than an application for an order under section 8, is to be transferred to a county court for the purpose of consolidation with other proceedings, it shall be transferred to the court in which those other proceedings are pending.

Orders under section 8 of the Children Act 1989

16.—(1) An application for an order under section 8 in a divorce county court, which is not also a family hearing centre, shall, if the court is notified that the application will be opposed, be transferred for trial to a family hearing centre.

(2) Subject to paragraph (3), where an application for an order under section 8 is to be transferred from the High Court to a county court it shall be transferred to a family hearing centre.

(3) Where an application for an order under section 8 is to be transferred to a county court for the purpose of consolidation with other proceedings, it may be transferred to the court in which those other proceedings are pending whether or not it is a family hearing centre; but paragraph (l) shall apply to the application following the transfer.

Application for adoption or freeing for adoption

17.—(1) Subject to article 22, proceedings in a divorce county court, which is not also a family hearing centre, under section 12 or 18 of the Adoption Act 1976(2) shall, if the court is notified that the proceedings will be opposed, be transferred for trial to a family hearing centre.

(2) Where proceedings under the Adoption Act 1976 are to be transferred from a magistrates' court to a county court, they shall be transferred to a divorce county court.

Applications under Part III, IV or V

18.—(1) An application under Part III, IV or V, if it is to be commenced in a county court, shall be commenced in a care centre.

(2) An application under Part III, IV or V which is to be transferred from the High Court to a county court shall be transferred to a care centre.

(3) An application under Part III, IV or V which is to be transferred from a magistrates" court to a county court shall be transferred to the care centre listed against the entry in column (i) of Schedule 2 to this Order for the petty sessions area or London commission area in which the relevant magistrates' court is situated.

Principal Registry of the Family Division

19.  The principal registry of the Family Division of the High Court shall be treated, for the purposes of this Order, as if it were a divorce county court, a family hearing centre and a care centre listed against every entry in column (i) of Schedule 2 to this Order (in addition to the entries against which it is actually listed).

Lambeth and Woolwich County Courts

20.  Notwithstanding articles 14, 16 and 17, an application for an order under section 8 or under the Adoption Act 1976 may be commenced and tried in Lambeth County Court or in Woolwich County Court.

(1)

S.I. 1991/1247.

(2)

1976 c. 36.