Part 3
Jurisdictional, procedural, miscellaneous, and saving and transitional provisions

Jurisdictional provisions

125 Jurisdiction of courts
  • (1) Proceedings under this Act must be heard and determined in a Family Court unless—

    • (a) the proceedings are criminal proceedings, in which case no Family Court has jurisdiction in respect of them; or

    • (b) under any of the following provisions, the proceedings may or must be heard and determined in a court other than a Family Court:

      • (i) subsection (2) or subsection (4):

    (2) A Family Court must not entertain an application in respect of a child (except an application specified in subsection (3))—

    • (a) if an order of the High Court about the guardianship of, or about the role of providing day-to-day care for, or about contact with, the child (other than an order under section 44) is in force, and has not been removed into a Family Court under section 127; or

    • (b) if the child is under the guardianship of the High Court.

    (3) Despite subsection (2), a Family Court may entertain—

    • (a) an application for an interim order about the role of providing day-to-day care for, or about contact with, the child; or

    (4) If a Family Court Judge (or, in proceedings under subpart 4 of Part 2 before a District Court, a District Court Judge) is of the opinion that proceedings under this Act, or a question in proceedings under this Act, would be more appropriately or speedily dealt with in the High Court, the Family Court Judge (or District Court Judge) may, on an application by a party to the proceedings or without any application of that kind, in the prescribed manner refer the proceedings or the question to the High Court.

    (5) On a reference of that kind, the High Court has the same power to adjudicate on the proceedings or question as the Family Court (or, as the case may require, the District Court) had.

    (6) Nothing in this section limits the power of a Family Court to punish a person for contempt of court.

    Compare: 1968 No 63 s 4