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President’s guidance: Jurisdiction of the Family Court

The President of the Family Division, Sir James Munby, has issued guidance relating to the jurisdiction of the Family Court and, in particular, concerning allocation of cases within the Family Court to High Court Judge level and transfer of cases from the Family Court to the High Court.

The President notes that there remains considerable confusion concerning the extent and exercise of the power by judges sitting in the family court to transfer a case, or part of a case, to the High Court. He states that there is a crucial distinction, which still too often appears to be overlooked, between a transfer of a case to the High Court to be heard by a judge of that court and an allocation of a case within the family court to a judge of High Court judge level.

The Guidance seeks to clarify the position. It deals in turn with six topics:

For the guidance, click here.