Court procedure query regarding mistaken jurisdiction
Court procedure query regarding mistaken jurisdiction
Author
Discussion

DaineseMan

Original Poster:

628 posts

179 months

Wednesday 1st March 2017
quotequote all
Hi, was wondering if anyone who knew about court procedures could help...

Today, I filed an application with my local County Court for a child arrangements order. However, I just found out that since the order I'm requesting falls under the Hague Convention ( because there's an international element to it), the case can therefore only be heard in the High Court.

My question is in regard to procedure only: does anyone know what the district judge, who will be reviewing the application in the coming days, is likely to do? For example, will she just throw it out or will she automatically transfer it to the High Court?

anonymous-user

84 months

Wednesday 1st March 2017
quotequote all
Transfer. Pretty sure.

Mike335i

6,064 posts

132 months

Wednesday 1st March 2017
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Upon receipt of the application, the Judge will allocate it to the correct tier of the judiciary. It may be that a circuit judge in your local court can sit as a high court judge to deal with by the matter, if they have the correct section 9 authorisation.


DaineseMan

Original Poster:

628 posts

179 months

Thursday 2nd March 2017
quotequote all
Nice one - thanks m8