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Jurisdiction of Family District Court and exercise of jurisdiction by judges of Family District Court
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37. The Act of 1961 is amended by the insertion of the following section after section 34:
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“Jurisdiction of Family District Court and exercise of jurisdiction by judges of Family District Court
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34A. (1) Subject to subsections (2) and (3), jurisdiction vested in the Family District Court is exercisable by a judge of the Family District Court for the time being assigned to the Family District Court district in which—
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(a) a party to the proceedings ordinarily resides or carries on any profession, business or occupation,
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(b) a child whose welfare is the subject of the proceedings resides, has resided or is proposed to reside, or
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(c) a previous application in the same proceedings has been granted.
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(2) In proceedings brought in accordance with subsection (1), the judge to whom the originating application in the proceedings was made may, on the application of a party to the proceedings or of his or her own motion, where the judge decides that it would be in the best interests of a child whose welfare is the subject of the proceedings, or otherwise appropriate to do so in a specific case, direct that jurisdiction may be exercised by a judge of another Family District Court district with which the child, or another party to the proceedings, has a connection.
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(3) A judge of the Family District Court may—
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(a) outside his or her Family District Court district, make an order in family law proceedings, or give a direction in relation to the conduct of such proceedings, which he or she has power to make or give within that Family District Court district, and
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(b) within his or her Family District Court district, make an order in family law proceedings, or give a direction in relation to the conduct of such proceedings, which he or she would not, by virtue of subsection (1), have the power to make or give,
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where he or she is of the opinion that the order should be made, or the direction be given, as a matter of urgency.
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(4) A judge of the Family District Court may, of his or her own motion or on the application of any party to the proceedings, refer any question of law arising in proceedings before him or her to the Family High Court for determination and the determination of the Family High Court shall be final and conclusive.
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(5) Decisions of the Family District Court may be appealed to the Family Circuit Court within the Family Circuit Court circuit in which that Family District Court is situated.”.
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