The Family Procedure (Amendment) Rules 2011

Amendments to the Family Procedure Rules 2010

13.  After rule 9.26, insert—

“Questions as to the court’s jurisdiction or whether the proceedings should be stayed

9.26A.— (1) This rule applies to applications for maintenance where a question as to jurisdiction arises under—

(a) the 1968 Convention;

(b) the 1988 Convention;

(c) the Lugano Convention; or

(d) the Maintenance Regulation.

(2) If at any time after the issue of the application it appears to the court that it does not or may not have jurisdiction to hear an application, or that under the instruments referred to in paragraph (1) it is or may be required to stay the proceedings or to decline jurisdiction, the court must—

(a) stay the proceedings, and

(b) fix a date for a hearing to determine jurisdiction or whether there should be a stay or other order.

(3) The court officer will serve notice of the hearing referred to at paragraph (2)(b) on the parties to the proceedings.

(4) The court must, in writing—

(a) give reasons for its decision under paragraph (2), and

(b) where it makes a finding of fact, state such finding.

(5) The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed, without a hearing.

(6) In this rule—

(a) “the 1968 Convention” has the meaning given to it in the Civil Jurisdiction and Judgments Act 1982;

(b) “the 1988 Convention” and “the Lugano Convention” have the meanings given to them in rule 34.1(2).”.