The Family Procedure Rules 2010

Stay of proceedings upon notification of wrongful removal etc. E+W

12.52.—(1) In this rule and in rule 12.53—

(a) “relevant authority” means —

(i) the High Court;

(ii) [F1 the family court];

F2 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the Court of Session;

(v) a sheriff court;

[F3 (vi) a children’s hearing within the meaning of the Children’s Hearings (Scotland) Act 2011;]

(vii) the High Court in Northern Ireland;

(viii) a county court in Northern Ireland;

(ix) a court of summary jurisdiction in Northern Ireland;

(x) the Royal Court of Jersey;

(xi) a court of summary jurisdiction in Jersey;

(xii) the High Court of Justice of the Isle of Man;

(xiii) a court of summary jurisdiction in the Isle of Man; or

(xiv) the Secretary of State; and

(b) “rights of custody” has the same meaning as in the 1980 Hague Convention.

(2) Where a party to proceedings under the 1980 Hague Convention knows that an application relating to the merits of rights of custody is pending in or before a relevant authority, that party must file within the proceedings under the 1980 Hague Convention a concise statement of the nature of that application, including the relevant authority in or before which it is pending.

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

(4) On receipt by the relevant authority of a notification under paragraph (3) 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—

(a) all further proceedings in the action will be stayed^(GL) unless and until the proceedings under the 1980 Hague Convention in the High Court, Court of Session, the High Court in Northern Ireland or the High Court of Justice of the Isle of Man are dismissed; and

(b) the parties to the action will be notified by the court officer of the stay^(GL) and dismissal.

Textual Amendments

F1 Words in rule 12.52(1)(a) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 52(a) (with rule 137); S.I. 2014/954, art. 2

F2 Words in rule 12.52(1)(a) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 52(b) (with rule 137); S.I. 2014/954, art. 2

F3 Rule 12.52(1)(a)(vi) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 28; S.S.I. 2013/195, art. 2