Article 5

Order 47 shall be amended by adding at the end the following new rule:—

“Child Abduction and Custody Act 1985^f1

10

(1)

In this rule a section referred to by number means the section so numbered in the Child Abduction and Custody Act 1985.

(2)

Where in pending proceedings relating to the merits of rights of custody (as construed in section 9) the court receives notification from the High Court, the Court of Session or the High Court in Northern Ireland of proceedings under the Hague Convention (as defined in section 1(1)), those pending proceedings shall be stayed unless and until the court is notified that the proceedings under the Hague Convention have been dismissed, and the proper officer shall notify the parties to the pending proceedings of the stay and any such dismissal accordingly.

(3)

Where in pending proceedings such as are mentioned in section 20(2) the court receives notification from the High Court, the Court of Session or the High Court in Northern Ireland of proceedings under section 16 or of the registration of a decision under section 16 the proper officer shall notify the parties to the pending proceedings accordingly.

(4)

Notwithstanding Order 50, rule 10(2), any person who intends to make an application under the Hague Convention in a Contracting State (as defined in section 2) other than the United Kingdom shall on satisfying the court as to that intention be entitled to obtain a copy bearing the seal of the court of any order made in the court relating to the child in respect of whom the application is to be made.

(5)

An application for a declaration under section 23(2) in custody proceedings (as defined in section 27) shall be made by notice in those proceedings.”.