14 Power of court to refuse application or sist proceedings.S
(1)A court in Scotland which has jurisdiction to entertain an application for a [F1Part I order] may refuse the application in any case where the matter in question has already been determined in other proceedings.
(2)Where, at any stage of the proceedings on an application made to a court in Scotland for a [F1Part I order], it appears to the court—
(a)that proceedings with respect to the matters to which the application relates are continuing outside Scotland or in another court in Scotland; F2...
(b)that it would be more appropriate for those matters to be determined in proceedings outside Scotland or in another court in Scotland and that such proceedings are likely to be taken there, [F3or
(c)that it should exercise its powers under Article 15 of the Council Regulation (transfer to a court better placed to hear the case),]
the court may sist the proceedings on that application [F4or (as the case may be) exercise its powers under Article 15 of the Council Regulation].
Textual Amendments
F1Words in s. 14(1)(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Word in s. 14(2) repealed (1.3.2005) by The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (S.S.I. 2005/42), regs. 1(1), 4(2)(a) (with reg. 7)
F3S. 14(2)(c) and word inserted (1.3.2005) by The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (S.S.I. 2005/42), regs. 1(1), 4(2)(b) (with reg. 7)
F4Words in s. 14(2) added (1.3.2005) by The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 (S.S.I. 2005/42), regs. 1(1), 4(2)(c) (with reg. 7)