Family Courts Act 2024
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Transfer of proceedings from Family Circuit Court to Family District Court | ||
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69. (1) Notwithstanding section 15 of the Courts Act 1991 and subject to subsection (4) and sections 67 and 70 , on and after the coming into operation of this section, a judge of the Family Circuit Court before whom family law proceedings are pending, or to whom proceedings are transferred under Part 10, may of his or her own motion remit or transfer the proceedings to the Family District Court if he or she considers the Family District Court to be the more appropriate Court in the circumstances of the case, or that the proceedings should not have been commenced in the Family Circuit Court but in the Family District Court if at all, upon such terms, and subject to such conditions as to costs (including the imposition of costs on the party that initiated the proceedings) or otherwise, as may appear to him or her to be just. | ||
(2) Proceedings transferred to the Family Circuit Court under section 68 shall not be transferred to the Family District Court under subsection (1). | ||
(3) Proceedings transferred to the Family District Court under subsection (1) shall not be transferred to the Family Circuit Court under section 68 . | ||
(4) The Family Circuit Court shall not remit or transfer proceedings to the Family District Court under subsection (1) by reason only that, since the proceedings were initiated, the issues in dispute in the proceedings have been resolved and the proceedings are to be determined by the court, unless the parties consent to such remission or transfer. |