Family Courts Act 2024

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Transitional provision for appeals in family law proceedings

103. (1) The High Court shall, as regards an appeal of a decision of the Circuit Court in family law proceedings that has been—

(a) lodged before the operative date, and

(b) heard in full or in part by the High Court on or before that date,

continue to have jurisdiction in respect of the appeal and, accordingly, may determine and pronounce judgment in respect of that appeal.

(2) The Circuit Court shall, as regards an appeal of a decision of the District Court in family law proceedings that has been—

(a) lodged before the operative date, and

(b) heard in full or in part by the Circuit Court on or before that date,

continue to have jurisdiction in respect of the appeal and, accordingly, may determine and pronounce judgment in respect of that appeal.

(3) The High Court shall, as regards an appeal of a decision of the Circuit Court in family law proceedings that—

(a) has been lodged before the operative date, and

(b) has not been heard in full or in part by the High Court on or before that date,

transfer the appeal to the Family High Court.

(4) The Circuit Court shall, as regards an appeal of a decision of the District Court in family law proceedings that—

(a) has been lodged before the operative date, and

(b) has not been heard in full or in part by the Circuit Court on or before that date,

continue to have jurisdiction in respect of the appeal and, accordingly, may—

(i) determine and pronounce judgment in respect of that appeal, or

(ii) transfer the appeal to the Family Circuit Court to be heard by the Family Circuit Court by the judge of the Family Circuit Court circuit in which one of the parties to the proceedings ordinarily resides or carries on any profession, business or occupation.

(5) For the purposes of this section, an appeal shall not be taken to have been heard in part by reason only of the High Court or the Circuit Court, as the case may be, having heard an interlocutory application relating to the appeal or, unless the appeal is confined to a procedural matter, the High Court or the Circuit Court, as the case may be, having heard any procedural application or motion relating to the appeal.

(6) Where an order has been made by the High Court or Circuit Court in relation to an interlocutory application, procedural application or motion concerning an appeal in family law proceedings which is subsequently determinable by the Family High Court or Family Circuit Court on or after the operative date, the validity of the order shall not be affected by the transfer of the appeal to the Family High Court or Family Circuit Court.

(7) Where the Court of Appeal or Supreme Court makes an order on or after the operative date requiring the High Court, Circuit Court or District Court, as the case may be, to re-hear in whole or in part, family law proceedings, such proceedings may be transferred by the Court of Appeal or Supreme Court to the Family High Court, the Family Circuit Court or the Family District Court for a re-hearing.