Title XXIX: Of the Manner of Proceeding in the Transfer of Pastors

If the good of souls demands that a pastor be transferred from his parish, which he usefully rules, to another parish, the Ordinary is to propose the transfer to him and persuade him that he consent to it for love of God and of souls.

§ 1. The Ordinary cannot transfer an irremovable pastor against his will, unless he has obtained special faculties from the Apostolic See.

§ 2. But a removable pastor, if the parish to which he is to be transferred is not of an excessively inferior order, can be transferred even against his will, with the prescriptions of the canons which follow nevertheless observed.

If the pastor does not obey the counsel and persuasions of the Ordinary, let him explain the reasons in writing.

The Ordinary, if, notwithstanding the causes brought forward, he judges that one must not recede from the proposal, must, so that he may act validly, hear two pastor-consultors concerning the same causes, and with the same weigh the circumstances in which both the parish from which and the parish to which are situated, and the reasons which persuade the usefulness or necessity of the transfer.

If, after the pastor-consultors have been heard, the Ordinary thinks the transfer must be carried out, let him repeat paternal exhortations so that the pastor comply with the will of his Superior.

§ 1. These things having been done, if the pastor still refuses and the Ordinary still thinks the transfer must be made, let him command the pastor that within a certain time he betake himself to the new parish, signifying to him in writing that, once the predefined time has elapsed, the parish which he holds at present will be vacant by the fact itself.

§ 2. This time having passed uselessly, let him declare the parish vacant.