Matrimonial and Family Proceedings Act 1984

38 Transfer of family proceedings from High Court to county court. E+W

(1) At any stage in any family proceedings in the High Court the High Court may, if the proceedings are transferable under this section, either of its own motion or on the application of any party to the proceedings, order the transfer of the whole or any part of the proceedings to a county court.

(2) The following family proceedings are transferable to a county court under this section, namely—

(a) all family proceedings commenced in the High Court which are within the jurisdiction of a county court [F1 , divorce county court or civil partnership proceedings county court] ;

(b) wardship proceedings, except applications for an order that a minor be made, or cease to be, a ward of court [F2 or any other proceedings which relate to the exercise of the inherent jurisdication of the High Court with respect to minors]; and

(c) all family proceedings transferred from a county court to the High Court under section 39 below or section 41 of the M1 County Courts Act 1984 (transfer to High Court by order of High Court); [F3 and

(d) all matrimonial causes and matters transferred from a county court otherwise than as mentioned in paragraph (e) above.]

[F4 (3) Proceedings transferred under this section shall be transferred to such county court as the High Court directs, subject to subsections (3A) and (3B) below.

(3A) Where a matrimonial cause or matter within the jurisdiction of a divorce county court only is transferred under this section, it shall be transferred to such divorce county court as the High Court directs.

(3B) Where a civil partnership cause or matter within the jurisdiction of a civil partnership proceedings county court only is transferred under this section, it shall be transferred to such civil partnership proceedings county court as the High Court directs.]

(4) The transfer shall not affect any right of appeal from the order directing the transfer, or the right to enforce in the High Court any judgment signed, or order made, in that Court before the transfer.

(5) Where proceedings are transferred to a county court under this section, the county court—

(a) if it has no jurisdiction apart from this paragraph, shall have jurisdiction to hear and determine those proceedings;

(b) shall have jurisdiction to award any relief which could have been awarded by the High Court.

Textual Amendments

F1 Words in s. 38(2)(a) substituted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 3

F2 Words in s. 38(2)(b) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 51 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F3 By Matrimonial Proceedings (Transfers) Act 1988 (c. 18, SIF 49:3), s. 1(1) it is provided that s. 38 shall have effect as if the word “and” and subsection (d) were added at the end of the list in subsection (2) of the proceedings transferable under that section.

F4 S. 38(3)-(3B) substituted for s. 38(3) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 93; S.I. 2005/3175, art. 2(2)

Modifications etc. (not altering text)

C1 S. 38 restricted by S.I. 1965/1776, Order 90, rule 2B (as inserted by S.I. 1986/632, rule 27)

C2 S. 38 excluded (14.10.1991) by S.I. 1991/1677, art.5.

C3 S. 38: power to exclude conferred (28.7.1997) by 1996 c. 27, s. 57(7); S.I. 1997/1892, art. 2

C4 S. 38 excluded (1.10.1997) by S.I. 1997/1896, art. 6

Marginal Citations

M1 1984 c. 28.