Rule 12.68 Questions as to the court's jurisdiction or whether the proceedings should be stayed
If at any time after issue of the application it appears to the court that under F1... Article 13 of the 1996 Hague Convention it is or may be required to stay(GL) the proceedings or to decline jurisdiction, the court must—
stay(GL) the proceedings; and
fix a date for a hearing to determine jurisdiction or whether there should be a stay(GL) or other order.
The court officer will serve notice of the hearing referred to at paragraph (1)(b) on the parties to the proceedings.
The court must, in writing—
give reasons for its decision under paragraph (1); and
where it makes a finding of fact, state such finding.
The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed(GL), without a hearing.
Annotations
Textual amendments
- F1
Words in rule 12.68(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(17) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Part 12
Textual amendments
- F1
Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)
Notes on Chapter 6
Textual amendments
- F1
Words in Pt. 12 Ch. 6 heading omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(5) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Applications relating to ... the 1996 Hague Convention
Textual amendments
- F1
Words in Pt. 12 Ch. 6 Section 2 heading omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(7) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)