Can family court proceedings under Sch 1 to the Children Act 1989 (CA 1989), effectively for the family home to be preserved for the benefit of the minor children of the unmarried parties, be linked up with family court proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA 1996) for that very same property to be sold? If so, presumably they should be heard at the same time rather than consolidated but should this be in the county court or the family court?
Where there are contemporaneous applications before the court under these two Acts and questions arise in both as to property interests or the sale or preservation of property, the proceedings should be heard at the same time and by the same judge if possible: see W v W (Joinder of Trusts of Land Act and Children Act Applications) [2003] EWCA Civ 924, [2003] All ER (D) 252 (May). ToLATA 1996 applications are not family proceedings and cannot be heard in the family court; conversely the CA 1989 application (unless in the High Court) must be heard in the family
