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General transitional provisions
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102. (1) The High Court shall, as regards any family law proceedings before it that have been—
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(a) initiated before the operative date, and
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(b) heard in full or in part by that Court on or before that date,
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continue to have jurisdiction in respect of the proceedings and, accordingly, the High Court may—
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(i) determine and pronounce judgment in respect of those proceedings, or
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(ii) transfer the proceedings to the Family High Court, where it is satisfied that it is appropriate to so transfer.
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(2) The Circuit Court shall, as regards any family law proceedings before it—
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(a) that have been initiated before the operative date, and
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(b) regardless of whether such proceedings have been heard in full or in part by that Court on or before that date,
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continue to have jurisdiction in respect of the proceedings and, accordingly, the Circuit Court may—
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(i) determine and pronounce judgment in respect of those proceedings, or
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(ii) transfer the proceedings to the Family Circuit Court to be heard 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, where it is satisfied that it is appropriate to so transfer.
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(3) The District Court shall, as regards any family law proceedings before it—
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(a) that have been initiated before the operative date, and
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(b) regardless of whether such proceedings have been heard in full or in part by that Court on or before that date,
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continue to have jurisdiction in respect of the proceedings and, accordingly, the District Court may—
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(i) determine and pronounce judgment in respect of those proceedings, or
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(ii) transfer the proceedings to the Family District Court to be heard by the judge of the Family District Court district in which one of the parties to the proceedings ordinarily resides or carries on any profession, business or occupation, where it is satisfied that it is appropriate to so transfer.
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(4) The High Court shall, as regards any family law proceedings before it that—
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(a) have been initiated before the operative date, and
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(b) have not been heard in full or in part by that Court on or before that date,
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transfer the proceedings to the Family High Court.
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(5) For the avoidance of doubt, where a court (in this subsection referred to as the “transferring court”) transfers proceedings under this section, the court to which the proceedings are transferred shall retain the power under any enactment or rule of law to transfer the proceedings to another court, other than the transferring court.
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(6) (a) For the purposes of subsections (1), (2) and (3), proceedings shall not be taken to have been heard in part by reason only of the High Court, the Circuit Court or the District Court, as the case may be, having heard an interlocutory application relating to the proceedings or unless the proceedings are confined to a procedural matter, the High Court, the Circuit Court or the District Court, as the case may be, having heard any procedural application or motion relating to the proceedings.
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(b) Where, however, an order has been made by the High Court, Circuit Court or District Court, in relation to an interlocutory application, procedural application or motion concerning proceedings which are subsequently determinable by the Family High Court, Family Circuit Court or Family District Court, as the case may be, the validity of the order shall not be affected by the transfer of the proceedings to the Family High Court, Family Circuit Court or Family District Court.
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(7) For the purposes of subsections (1), (2) and (3), in so far as is practicable, the judge of the High Court, Circuit Court or District Court seised of the family law proceedings on the operative date shall be the judge who continues to have jurisdiction in respect of the proceedings regardless of whether the judge concerned is assigned to the Family High Court, Family Circuit Court or Family District Court, as the case may be, on that date.
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