Rule 4.36 Questions as to the court’s jurisdiction or whether the proceedings should be stayedF1
Northern Ireland
If at any time after issue of an application it appears to the court that F2... Article 13 of the 1996 Hague Convention it is or may be required to stay the proceedings or to decline jurisdiction, the court must—
stay the proceedings; and
fix a date for a hearing to determine jurisdiction or whether there should be a stay or other order.
The proper officer or chief clerk 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, without a hearing.
Annotations
Textual amendments
- F1
Rules 4.28-4.39 substituted for rule 4.28 (25.3.2011 for specified purposes, 1.11.2012 in so far as not already in operation) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2011 (S.R. 2011/64), rules 1, 2(4), Sch. 1
- F2
Words in rule 4.36(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(12) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Chapter
Footnotes
- f1
-
Rules 4.28 — 4.39 substituted by S.R. 2011 No. 64 effect from 25.03.11