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From Lower Court to High Court . Difference??

  • poplus4
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21 Nov 09 #163981 by poplus4
Topic started by poplus4
Can anyone tell me the differences in what a high court can do to a lower court in terms of family court matters??
A contact order is already in place I am resident parent & NRP has plenty of contact. He has threatened High Court in mediation & has already an application in apparently. Presuming a variation order. What worries me is why High C when could have sorted same in lower court.
STBX has plenty of contact but is being very aggressive in mediation wanting more and more. His way or no way attitude. Not putting kids needs to fore at all but in my opinion only his own. Numerous issues re kids & his poor care of them which I'm hoping to get sorted through mediation.
Has mentioned 50:50 shared care before in affadavit and have been told via grapevine that STBX is hoping to get shared care so 'she gets nothing' (financial settlement) as FDR is on the horizon.
Am I worrying for nothing?

  • jokerman
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21 Nov 09 #164014 by jokerman
Reply from jokerman

  • birdy123
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21 Nov 09 #164017 by birdy123
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The High Court has to accept the case - it can and often does send cases back down to the more appropriate County or FPC, as the High Court is really for the most very serious of cases. The main difference is the High Court has more powers in the it has something called "inherent jurisdiction", but in contact cases, especially seemingly run of the mill cases, there is no requirement for it.

  • poplus4
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21 Nov 09 #164020 by poplus4
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Thanks for that.
I suppose this is the crux of it. That is what has me so concerned. As why bring what can be sorted in l court to H Court? if its not serious.
Dirty tricks have been used in past and am wondering what is coming this time.
Feel its now a game of tit for tat as the divorce is in HC & he's been ordered to comply with disclosure which didn't go down a bit well.
Hopefully the judge will see through it.

  • .Charles
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23 Nov 09 #164394 by .Charles
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There are certain applications that have to be made in the high court (or more specifically in the principle registry) and there are times when a case is transferred to the high court to deal with a specific application then transferred back down again. It is more to do with the level of Judges and the seriousness of the application.

The indication that there will be an application to the High Court is an empty threat unless the facts of the case demand it.

In my local court, I'm not sure if this is a local or general direction, all free-standing Children Act applications have to be issued in the Family Proceedings Court. If you issue in the County Court, they take your fee then transfer it down to the FPC.


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