Power of court to recall sist under Article 8 S

3.—(1) This regulation applies where—

(a) a court has exercised its power under Article 8 of the Convention to request an authority of another Contracting State to assume jurisdiction in relation to an application, and

(b) the court has sisted proceedings on the application, and

(c) Part 1 of the Family Law Act 1986(1) does not apply in relation to the application.

(2) The court may recall a sist granted in order for it to exercise its powers under Article 8 of the Convention, and withdraw any request made by it under that Article 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 sist, or

(b) the parties do not, within the period specified by the court, request the authority in the other Contracting State to assume jurisdiction.

Commencement Information

I1 Reg. 3 in force at 1.11.2012 as notified in the Edinburgh Gazette (dated 19.10.2012), see reg. 1(2)

(1)

1986, c.55.