Jump to content

Page:Family Justice Act 2014.pdf/21

From Wikisource
This page has been proofread, but needs to be validated.
FAMILY JUSTICE
21


prior to their enactment, the Rules of Court and shall be costs in the proceedings unless otherwise ordered by the Family Court.

(3) Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in such manner as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court.

Examination and assessment of child, etc.

28.—(1) In any proceedings before a Family Court involving the custody or welfare of a child or involving a person, the Court may, on the application of any party to those proceedings or on its own motion, appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child or person (as the case may be) for the purposes of preparing expert evidence for use in those proceedings.

(2) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is not appointed by the Family Court under subsection (1) examines or assesses the child or person, no evidence arising out of that examination or assessment shall be adduced in those proceedings without the leave of the Court.

(3) A registered medical practitioner, psychologist, counsellor, social worker or mental health professional appointed under subsection (1) may make such enquiries relevant to the examination and assessment of the child or person as may be provided for under the Family Justice Rules or, prior to their enactment, the Rules of Court.

General power to transfer proceedings from Family Court to High Court, and vice versa

29.—(1) The High Court or a Family Court may, either on its own motion or on the application of any party, order any proceedings in a Family Court to be transferred to the High Court, if it appears to the High Court or Family Court (as the case may be) that those proceedings, by reason of involving some important question of law or of being a test case, or for any other sufficient reason, should be tried in the High Court.