Family Courts Act 2024
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Assignment of judges of Circuit Court to Family Circuit Court | ||
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29. (1) Section 2 of the Courts Act 1977 shall not apply to the assignment of an ordinary judge of the Circuit Court to the Family Circuit Court. | ||
(2) The President of the Circuit Court may assign an ordinary judge of the Circuit Court to be a judge of the Family Circuit Court where he or she is satisfied that the judge concerned is, by reason of his or her training or experience and his or her temperament, a suitable person to deal with family law proceedings. | ||
(3) Subject to subsection (8), a person who, on and after the coming into operation of this section, is assigned as a judge of the Family Circuit Court shall be so assigned— | ||
(a) for a term of not less than 3 years, or | ||
(b) until he or she reaches the appropriate age of judicial retirement as an ordinary judge of the Circuit Court, | ||
whichever occurs first, and, in a case to which paragraph (a) relates, shall, on the expiry of the period referred to in that paragraph, be eligible for reassignment under subsection (2) as a judge of the Family Circuit Court. | ||
(4) A person who is to be appointed, or who is appointed, an ordinary judge of the Circuit Court who wishes to express an interest in being assigned by the President of the Circuit Court under subsection (2) may forward an expression of such interest to the President of the Circuit Court. | ||
(5) An expression of interest referred to in subsection (4) shall not be forwarded by the person expressing the interest to any person other than the President of the Circuit Court. | ||
(6) An ordinary judge of the Circuit Court who is assigned to the Family Circuit Court and who has completed 3 years as a judge of the Family Circuit Court may request that his or her assignment be terminated. | ||
(7) Where the period of assignment of a judge of the Family Circuit Court referred to in subsection (3)(a) expires, or is terminated pursuant to a request under subsection (6), the President of the Circuit Court may at any time thereafter reassign the judge concerned to fill a vacancy for an ordinary judge in the Circuit Court. | ||
(8) Where the President of the Circuit Court, in consultation with the Principal Judge of the Family Circuit Court, is satisfied that it is in the interests of the good administration of the Circuit Court or the Family Circuit Court to do so, he or she may— | ||
(a) reassign a judge of the Family Circuit Court to the Circuit Court, and | ||
(b) assign a new judge of the Family Circuit Court under subsection (2) to take the place of the judge reassigned under paragraph (a). | ||
(9) Where a judge is reassigned under subsection (7) or (8)(a), he or she shall, at the request of the Principal Judge of the Family Circuit Court, complete the hearing of any case that has been partly heard by him or her during his or her assignment as a judge of the Family Circuit Court. |