The Family Procedure Rules 2010

Where proceedings may be heard

9.25.—(1) Paragraph (2) applies to an application—

(a) for a financial order;

(b) under Part 3 of the 1984 Act; or

(c) under Schedule 7 to the 2004 Act.

(2) An application mentioned in paragraph (1) must be heard—

(a) where the case is proceeding in the county court, at any court of trial; and

(b) where the case is proceeding in the High Court—

(i) at the Royal Courts of Justice; or

(ii) in matrimonial or civil partnership proceedings, any court at which sittings of the High Court are authorised.

(3) An application for an order under—

(a) section 27 of the 1973 Act(1); or

(b) Part 9 of Schedule 5 to the 2004 Act,

must be heard in a court of trial or in the High Court.

(4) A court may transfer a case to another court exercising the same jurisdiction, either of its own initiative or on the application of one of the parties, if—

(a) the parties consent to the transfer;

(b) the court has held a hearing to determine whether a transfer should be ordered; or

(c) paragraph (5) applies.

(5) A court may transfer a case without a hearing if—

(a) the court has notified the parties in writing that it intends to order a transfer; and

(b) neither party has, within 14 days of the notification being sent, requested a hearing to determine whether a transfer should be ordered.

(1)

Section 27 was amended by sections 4 and 46(1) and paragraph 13 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 and sections 63(1), (2), (3) (4) and (5) and 89(2)(b) of and Schedule 3 to the Domestic Proceedings and Magistrates’ Courts Act 1978 and sections 33(1) and 66(1) and paragraph 52 of Schedule 2 and paragraphs 13(2), (3) and (4) of Schedule 8 to the Family Law Act 1996 and section 6(1) of the Domicile and Matrimonial Proceedings Act 1973.