FAMILY PROCEEDINGS: Re C (Contact, Parental Responsibility and Residence Orders)

15 APR 2008

(Court of Appeal; Wilson and Toulson LJJ; 11 April 2008)

A fact-finding hearing in a case concerning contact, parental responsibility and residence orders, which had increased in complexity since being transferred from the family proceedings court to the county court, should not have been transferred back to the family proceedings court on the court's own motion in an attempt to avoid delay. A discrete element of a case ought not to be transferred; the parties ought to have been permitted to make representations concerning the transfer; and there was no evidence that the magistrates' court had been notified in accordance with Family Proceedings Rules 1991, r 4.6.

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