The Family Proceedings (Amendment) Rules 2001

Amendments to the Family Proceedings Rules 1991

9.  After rule 2.27 insert the following rule—

“2.27A   Stay under the Council Regulation

(1) An application for an order under Article 11 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 as if the application were an application for ancillary relief.

(2) Where at any time after the presentation of a petition, it appears to the court that, under Articles 9, 10 or 11 of the Council Regulation, the court does not have jurisdiction to hear the petition and is required or may be required to stay the proceedings, the Court shall 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 9, 10 or 11 of the Council Regulation and, where it makes a finding of fact, state such finding of fact.

(4) An order under Article 9 of the Council Regulation that the court has no jurisdiction over the proceedings shall be recorded by the court or the 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.”