Section 14 Power of court to refuse application or sist proceedings.

Scotland

(1)

A court in Scotland which has jurisdiction to entertain an application for a F1Part I order may refuse the application in any case where the matter in question has already been determined in other proceedings.

(2)

Where, at any stage of the proceedings on an application made to a court in Scotland for a Part I order, it appears to the court—

(a)

that proceedings with respect to the matters to which the application relates are continuing outside Scotland or in another court in Scotland; F2...

(b)

that it would be more appropriate for those matters to be determined in proceedings outside Scotland or in another court in Scotland and that such proceedings are likely to be taken there, F3 F4or

F5(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(d)

that it should exercise its powers under Article 8 of the Hague Convention (request to authority in another Contracting State to assume jurisdiction),

the court may sist the proceedings on that application F7or (as the case may be) exercise its powers under F8... F9 Article 8 of the Hague Convention ....

F10(3)

The court may recall a sist granted in order for it to exercise its powers under Article 8 of the Hague Convention, and withdraw any request made by it to an authority in another Contracting State to assume jurisdiction, if—

(a)

the authority in the other Contracting State does not assume jurisdiction within the period for which the court granted the sist, or

(b)

the parties do not, within the period specified by the court, request the authority in the other Contracting State to assume jurisdiction.

Annotations

Textual amendments

F1: Words in s. 14(1)(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2: Word in s. 14(2) repealed (1.3.2005) by The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (S.S.I. 2005/42), regs. 1(1), 4(2)(a) (with reg. 7)
F3: Word in s. 14(2) left out (1.11.2012) by virtue of The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 (S.S.I. 2010/213), reg. 1(2), sch. para. 3(1)(b)
F4: Word in s. 14(2)(b) inserted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 2(2)(a) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
F5: S. 14(2)(c) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 2(2)(b) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
F6: S. 14(2)(d) and word inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 (S.S.I. 2010/213), reg. 1(2), sch. para. 3(1)(c)
F7: Words in s. 14(2) added (1.3.2005) by The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (S.S.I. 2005/42), regs. 1(1), 4(2)(c) (with reg. 7)
F8: Words in s. 14(2) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 2(2)(c) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in s. 14(2)(c) inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 (S.S.I. 2010/213), reg. 1(2), sch. para. 3(1)(d)
F10: S. 14(3) inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 (S.S.I. 2010/213), reg. 1(2), sch. para. 3(2)

Notes on Part I

Modifications

C1: Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.