Crime and Courts Act 2013

Matrimonial and Family Proceedings Act 1984 (c. 42)

92 (1) Section 38 (transfer of family proceedings from High Court to county court) is amended as follows.

(2) In subsection (1) (High Court’s power to transfer proceedings) for “a county court” substitute “the family court.”

(3) In subsection (2) (proceedings which are transferable under the section)—

(a) in the words before paragraph (a), for “to a county court” substitute “to the family court”,

(b) in paragraph (a) (proceedings commenced in High Court that are within jurisdiction of county court) for the words after “jurisdiction of” substitute “the family court”, and

(c) in paragraph (c) (certain proceedings transferred to the High Court) omit the words from “from” to “county court”.

(4) Omit subsections (3) to (3B) (identifying county court to which transfer to be made).

(5) In subsection (5) (transferee court has jurisdiction), in the words before paragraph (a), for the words after “to” substitute “the family court under this section, the family court—”.

(6) In the heading omit “to county court”.