Article 6 Supplementary

(1)

Rules 7 and 8 apply, subject to rule 9, where proceedings for a dissolution, separation or nullity order are stayed by reference to proceedings in a related jurisdiction for the dissolution or annulment of a civil partnership, or the separation of civil partners.

(2)

In this rule and in rules 7 to 9—

(a)

“lump sum order” means—

(i)

an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(f) (lump sum for child) of that Schedule, or

(ii)

an order made under Schedule 1 to the Children Act 1989^f1 of a kind mentioned in paragraph 1(2)(c) (lump sum for child) of that Schedule, if made in equivalent circumstances to an order of the kind mentioned in sub-paragraph (a)(i);

(b)

“the other proceedings”, in relation to any stayed proceedings, means the proceedings in the other jurisdiction by reference to which the stay was imposed;

(c)

“relevant order” means—

(i)

an order under Part 8 of Schedule 5 to the Civil Partnership Act 2004 (maintenance pending outcome of dissolution, nullity or separation proceedings),

(ii)

an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(d) or (e) (periodical payments for child) of that Schedule,

(iii)

an order made under Schedule 1 to the Children Act 1989 of a kind mentioned in paragraph 1(2)(a) or (b) (periodical payments for child) of that Schedule, if made in equivalent circumstances to an order of a kind mentioned in sub-paragraph (c)(ii),

(iv)

an order under section 8 of the Children Act 1989, or

(v)

except for the purposes of rule 8, any order restraining a person from removing a child out of England and Wales or out of the care of another person; and

(d)

“stayed” means stayed in pursuance of these Rules.

(3)

Nothing in rules 7 to 9 affects any power of the court to—

(a)

vary or discharge a relevant order which remains in force,

(b)

enforce a relevant order in relation to any period when it is or was in force, or

(c)

make a relevant order or a lump sum order in connection with proceedings which were, but are no longer, stayed.

Annotations

Footnotes

f1: 1989 c. 41.