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Family Law

The leading authority on all aspects of family law

03 NOV 2008

The Allocation and Transfer of Proceedings Order 2008 No. 2836 (L. 18)

03/11/2008 - This Order provides for the allocation and transfer of certain proceedings concerning children and proceedings under Part 4 and 4A of the Family Law Act 1996 between the High Court, county courts and magistrates' courts.

Part 1 contains provisions for interpreting the Order, specifies classes of county courts and provides for the principal registry of the Family Division to be treated as a county court.

Part 2 specifies the proceedings, or circumstances in which proceedings, may be started in a particular level of court or specified class of court.

Part 3 sets out the circumstances in which proceedings may be transferred between levels of courts, class of court or particular court.

Part 4 provides for applications following refusal to order the transfer of proceedings from a magistrates' court to a county court and for appeals against the transfer of proceedings to a magistrates' court by a court.

Part 5 contains revocations, consequential amendments and transitional provisions.

This Order shall come into force on 25 November 2008, with exception for Articles 6(a)(i), 9(1) and 20(1), in so far as they apply to section 11J or 11O of, and paragraphs 4 to 7 and 9 of Schedule A1 to, the 1989 Act, which shall come into force on the same day as sections 4 and 5 of the Children and Adoption Act 2006 come into force.

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