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Family Law Act 1986, Section 22 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A court in Northern Ireland which has jurisdiction to make a [F1Part I order] may refuse an application for the order in any case where the matter in question has already been determined in proceedings outside Northern Ireland.
(2)Where, at any stage of the proceedings on an application made to a court in Northern Ireland for a [F1Part I order], or for the variation of a [F1Part I order], F2..., it appears to the court—
(a)that proceedings with respect to the matters to which the application relates are continuing outside Northern Ireland, F3...
(b)that it would be more appropriate for those matters to be determined in proceedings to be taken outside Northern Ireland, F4 [F5or]
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(d)that it should exercise its powers under Article 8 of the Hague Convention (request to authority in another Contracting State to assume jurisdiction),]
the court may stay the proceedings on the application [F8or (as the case may be) exercise its powers under F9... [F10 Article 8 of the Hague Convention].
(3)The court may remove a stay granted [F11by virtue of subsection (2)(a) or (b) above] if it appears to the court that there has been unreasonable delay in the taking or prosecution of the other proceedings referred to in that subsection, or that those proceedings are stayed, sisted or concluded.
F12(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(3B)The court may remove a stay granted in order for it to exercise its powers under Article 8 of the Hague Convention, and withdraw any request made by it to an authority in another Contracting State to assume jurisdiction, if—
(a)the authority in the other Contracting State does not assume jurisdiction within the period for which the court granted the stay, or
(b)the parties do not, within the period specified by the court, request the authority in the other Contracting State to assume jurisdiction.]
(4)Nothing in this section [F14so far as it relates to proceedings not governed by the [F15Hague Convention]] shall affect any power exercisable apart from this section to refuse an application or to grant or remove a stay.]
Textual Amendments
F1Words in s. 22 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)
F2Words in s. 22(2) omitted (1.3.2005) by virtue of The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 15(2) (with reg. 20)
F3Word in s. 22(2)(a) left out (1.11.2012) by virtue of The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 8(1)(a)
F4Word in s. 22(2)(b) left out (1.11.2012) by virtue of The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 8(1)(b)
F5Word in s. 22(2)(b) inserted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 15(5)(a)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 22(2)(c) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 15(5)(a)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F7S. 22(2)(d) and word inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 8(1)(c)
F8Words in s. 22(2) inserted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 15(4) (with reg. 20)
F9Words in s. 22(2) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 15(5)(a)(iii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in s. 22(2) inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 8(1)(d)
F11Words in s. 22(3) substituted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 15(5) (with reg. 20)
F12S. 22(3A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 15(5)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F13S. 22(3B) inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 8(2)
F14Words in s. 22(4) inserted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 15(7) (with reg. 20)
F15Words in s. 22(4) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 15(5)(c) (as amended by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(f)(ii))
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