PART 29MISCELLANEOUS
F1Transfer of proceedings29.17.
(1)
Subject to paragraph (3), a court may transfer a case to another court, either of its own initiative or on the application of one of the parties if—
(a)
the parties consent to the transfer;
(b)
the court has held a hearing to determine whether a transfer should be ordered; or
(c)
paragraph (2) applies.
(2)
A court may transfer a case without a hearing if—
(a)
the court has notified the parties in writing that it intends to order a transfer; and
(b)
no party has, within 14 days of the notification being sent, requested a hearing to determine whether a transfer should be ordered.
(3)
A case may not be transferred from the family court to the High Court unless—
(a)
the decision to transfer was made by a judge sitting in the family court who is a person to whom paragraph (4) applies; or
(b)
one or more of the circumstances specified in Practice Direction 29C applies.
(4)
This paragraph applies to a person who is—
(a)
the President of the Family Division;
(b)
an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);
(c)
a puisne judge of the High Court.