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Family court case passed to district judge for final hearing

4 replies

Redlarge · 03/07/2024 17:11

Can I ask why magistrates in family court will say they don't have the jurisdiction to make a decision at a final hearing and pass the case to a district judge?

Also will the judge listen to the recording from the magistrates final hearing and make a decision or does it start all over again?

OP posts:
Collaborate · 04/07/2024 06:21

More information needed. What kind of order did they say they lacked jurisdiction? Does it involve another country?

Redlarge · 04/07/2024 13:44

No. It's a child arrangement order. Application for enforcement by one party and to vary by other.

OP posts:
Collaborate · 04/07/2024 15:58

The rules say this:

A magistrates’ court may transfer the whole or any part of proceedings to a county court only if the magistrates’ court considers that—
(a)the transfer will significantly accelerate the determination of the proceedings;
(b)there is a real possibility of difficulty in resolving conflicts in the evidence of witnesses;
(c)there is a real possibility of a conflict in the evidence of two or more experts;
(d)there is a novel or difficult point of law;
(e)there are proceedings concerning the child in another jurisdiction or there are international law issues;
(f)there is a real possibility that enforcement proceedings may be necessary and the method of enforcement or the likely penalty is beyond the powers of a magistrates’ court;
(g)there is a real possibility that a guardian ad litem will be appointed under rule 9.5 of the Family Proceedings Rules 1991;
(h)there is a real possibility that a party to proceedings is a person lacking capacity within the meaning of the Mental Capacity Act 2005 to conduct the proceedings; or
(i)there is another good reason for the proceedings to be transferred.

Redlarge · 09/07/2024 13:41

Collaborate · 04/07/2024 15:58

The rules say this:

A magistrates’ court may transfer the whole or any part of proceedings to a county court only if the magistrates’ court considers that—
(a)the transfer will significantly accelerate the determination of the proceedings;
(b)there is a real possibility of difficulty in resolving conflicts in the evidence of witnesses;
(c)there is a real possibility of a conflict in the evidence of two or more experts;
(d)there is a novel or difficult point of law;
(e)there are proceedings concerning the child in another jurisdiction or there are international law issues;
(f)there is a real possibility that enforcement proceedings may be necessary and the method of enforcement or the likely penalty is beyond the powers of a magistrates’ court;
(g)there is a real possibility that a guardian ad litem will be appointed under rule 9.5 of the Family Proceedings Rules 1991;
(h)there is a real possibility that a party to proceedings is a person lacking capacity within the meaning of the Mental Capacity Act 2005 to conduct the proceedings; or
(i)there is another good reason for the proceedings to be transferred.

Thank you so much. I've been unable to find anything.
I really hoping that it isn't due to enforcement. I was hoping it is to vary the existing order to reduce contact.

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