Rule 2 Stay of pending custody proceedings

Where proceedings relating to the merits of the rights of custody (as construed in section 9) are pending before a court and that court receives notification from the High Court or the Court of Session of proceedings under the Hague Convention in respect of the child concerned, those pending proceedings shall be stayed and the chief clerk shall notify the parties to the pending proceedings accordingly.

Where a court in which pending proceedings have been stayed under paragraph (1) receives notification from the High Court or the Court of Session that an order has been made under Article 12 of the Hague Convention for the return of the child concerned, those pending proceedings shall be dismissed and the chief clerk shall notify the parties to those proceedings accordingly.

Where a court in which pending proceedings have been stayed under paragraph (1) receives notification from the High Court or the Court of Session that the application under the Hague Convention has been dismissed, the stay on the pending proceedings shall be removed and the chief clerk shall notify the parties to those proceedings accordingly.