Where should my Children Case be Heard?

When Court applications are made for public law children cases, they may be listed in the Magistrates Court, County Court or High Court.

Which Court could my Children Case be Heard?

Magistrates have fewer or more limited powers than judges who sit in the County Court. Most County Court Centres have District Judges. These are full time judges dealing with the majority of cases but most County Court Centres have at least one (but frequently more) Circuit Judges who may deal with the more complex of cases. A High Court Judge represents the third highest level of Judge in England and Wales.

In some instances, cases that start in one court may be transferred to a higher court.

So When Should Public Law Children Cases Be Transferred?

Children cases may be transferred and heard from Magistrates Court to the County Court in 3 instances;

1. If the issues are exceptionally complex, serious or important. There may be conflicting evidence, a large number of parties or a new interesting point of law.
2. To join proceedings which may be pending in the other Court.
3. Where there will be delay to the child if the proceedings are not transferred as the other court can deal with the case more swiftly.

Cases may be transferred from the County Court to High Court if;

1. They are likely to have an impact on other cases not just the case in point.
2. The proceedings are exceptionally complex and the outcome of what happens is important to the public as well as the parties to the case.
3. There is another substantial reason that the case should be transferred.

Each case is considered on its own facts and the issue of allocation or transfer is a matter for the Court.

If you would like to find out more about family law proceedings, you can get in contact with me on 01332 364436 or at d.khunkhuna@timms-law.com.

Dee Khunkhuna
March 2020