• “(a) must be determined in accordance with regulations made under section 16D of the Family Courts Act 1980 or, if no such regulations are made, by the Registrar of the court; and”.

“Transfer of proceedings

“38A Transfer of proceedings to High Court

• “(1) A Family Court Judge may order the transfer of proceedings to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings.

  “(2) In considering whether to make an order under subsection (1), the Judge must have regard to—

  • “(a) the complexity of the proceedings or of any question in issue in the proceedings:

  • “(b) any proceedings before the High Court that are between the same parties and that involve related issues:

  • “(c) any other matter that the Judge considers relevant in the circumstances.

  “(3) An order may be made under subsection (1) on—

  • “(a) the application of a party to the proceedings; or

  • “(b) the court's initiative.

  “(4) Any proceedings transferred to the High Court by an order made under subsection (1) continue in that court as if they had been properly commenced there.”