PART 12 PROCEEDINGS RELATING TO CHILDREN EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

CHAPTER 6 PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, THE COUNCIL REGULATION, AND THE 1996 HAGUE CONVENTION

SECTION 1 Proceedings under the 1980 Hague Convention or the European Convention

Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)

12.53.—(1) A person who—

(a) is a party to—

(i) proceedings under section 16 of the 1985 Act; or

(ii) proceedings as a result of which a decision relating to custody has been registered under section 16 of the 1985 Act; and

(b) knows that an application is pending under—

(i) section 20(2) of the 1985 Act;

(ii) Article 21(2) of the Child Abduction and Custody (Jersey) Law 2005; or

(iii) section 42(2) of the Child Custody Act 1987 (an Act of Tynwald),

must file within the proceedings under section 16 of the 1985 Act a concise statement of the nature of the pending application.

(2) On receipt of a statement filed in accordance with paragraph (1) above, a court officer will notify the relevant authority in or before which the application is pending and will subsequently notify the relevant authority of the result of the proceedings.

(3) On receipt by the relevant authority of a notification under paragraph (2) from the High Court or equivalent notification from the Court of Session, the High Court in Northern Ireland or the High Court of Justice of the Isle of Man, the court officer will notify the parties to the action.