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StatuteCare of Children Act 2004

Section 30 — Care of Children Act 2004: Concurrent jurisdiction under section 31

Text of the provision Official document

30 Concurrent jurisdiction under section 31 (1) The following Courts have jurisdiction under section 31 : (a) the High Court: (b) each Family Court. (2) A Family Court does not have jurisdiction under section 31 if— (a) the application is filed in the Family Court; and (b) at the date of filing, proceedings relating to the same matter have commenced in the High Court. (3) The High Court may order proceedings to be removed to a Family Court if— (a) an application is made under section 31 to the High Court; and (b) the High Court is satisfied that the proceedings would be more appropriately dealt with in a Family Court. (4) The High Court must order proceedings to be removed to the High Court if— (a) an application is made under section 31 to a Family Court; and (b) a party to the proceedings applies to the High Court to have the proceedings removed to the High Court; and (c) the High Court is satisfied that the proceedings would be more appropriately dealt with in the High Court. (5) Proceedings removed to the High Court continue in that Court as if they had been properly commenced there. Compare: 1968 No 63 s 10A

Official source: legislation.govt.nz

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