Can a Sch 1 (Children Act 1989) application and a TOLATA claim be consolidated or determined at the same time by the Family Court (in which the former has been made) or the County Court (in which the latter has been brought) where the same parties are involved in each case?
The proceedings cannot be consolidated. The Sch 1 application must be heard by a judge of the Family Court and the TOLATA claim by a judge of the County Court (unless in either case the claim is being heard in the High Court). They can be case managed and heard together, provided that the judge is able to sit as a judge of both courts. Many judges who sit in a combined Family/County Court centre will be able to do so, though where the TOLATA claim is proceeding under CPR Pt 7 and allocated to the multi-track, a district judge would need permission from their designated civil judge to deal with its final hearing. In the Central Family Court/PRFD a TOLATA claim may
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