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why change of courts?

(5 Posts)
intothelakes Fri 02-Nov-12 11:06:32

why do some children's welfare cases- such as contact, get swapped between county court (family division) and magistrate courts? And is there any way you stop a case from being heard at a magistrates court? I've heard awful things about them and my case has been transferred to one . I am very worried .

Collaborate Fri 02-Nov-12 12:17:52

Your average case should get dealt with by the Family Proceedings Court. If there is likely to be disputed expert evidence, or a final hearing lasting longer than a day, it should be dealt with in the County Court. The list isn't exhaustive.

If you search recent threads you'll see one about this that should hopefully allay your fears. There are good and bad magistrates, and there are good and bad judges.

balia Sun 04-Nov-12 09:42:36

DH has been in both, and he felt they were both fair and professional. At least there are 3 people in mag's courts so you don't feel quite so much at the whim of one person.

ZillionChocolate Sun 04-Nov-12 09:48:12

Collaborate is absolutely right. Magistrates are advised by a qualified lawyer and they have specialist training before doing family cases. You might end up with a district judge (qualified lawyer) in the Magistrates Court anyway. Don't panic!

smiler01 Mon 05-Nov-12 09:44:04

My partners case has been transferred to the magistrates court for a final hearing and we were concerned due to things we had been told, because of the nature of his case with his ex not complying and providing false information the district judges he saw were very fair and could see the games she was playing so we was concerned as we'd heard that magistrates favour the mothers but after doing the exact same post as yours I was quite relieved after reading people's responses.
Were just putting our faith in the system that it continues to go with the facts and what is right for my partners kids, magistrate or judge are clearly qualified weather thru training or by experience otherwise they wouldn't be responsible for making decisions about children so hopefully all will be ok!! But I do understand your worry and confusion as to the change we were like that but can't change it so got to make the best of it smile
Good luck

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