Part V Family Business: Distribution and Transfer

Distribution and transfer of family business and proceedings

38 Transfer of family proceedings from High Court F1....

(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 F2the family court.

(2)

The following family proceedings are transferable F3to the family court under this section, namely—

(a)

all family proceedings commenced in the High Court which are within the jurisdiction of F4the family court;

(b)

wardship proceedings, except applications for an order that a minor be made, or cease to be, a ward of court F5or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors; and

(c)

all family proceedings transferred F6... to the High Court under section 39 below or section 41 of the M1County Courts Act 1984 (transfer to High Court by order of High Court); F7and

(d)

all matrimonial causes and matters transferred from the family court or a county court otherwise than as mentioned in paragraph (c) above.

F8(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F9the 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.