Article 6 Amendments to the Family Proceedings Rules 1991

After rule 4.27 insert—

“Stay under the Council Regulation

4.27A

(1)

An application for an order under Article 19 of the Council Regulation shall be made to a district judge, who may determine the application or refer the application, or any question arising thereon, to a judge for his decision.

(2)

Where at any time after an application under rule 4.4 is made, it appears to the court that, under Articles 16 to 19 of the Council Regulation, the court does not have jurisdiction to hear the application and is required or may be required to stay the proceedings, the court will stay the proceedings and fix a date for a hearing to determine the questions of jurisdiction and whether there should be a stay or other order and shall serve notice of the hearing on the parties to the proceedings.

(3)

The court must give reasons for its decision under Articles 16 to 19 of the Council Regulation and, where it makes a finding of fact state such a finding of fact.

(4)

A declaration under Article 17 of the Council Regulation that the court has no jurisdiction over the proceedings shall be recorded by the court or proper officer in writing.

(5)

The court may, if all parties agree, deal with any question about the jurisdiction of the court without a hearing.”