C1 Part I Child Custody
Chapter III Jurisdiction of Courts in Scotland
14 Power of court to refuse application or sist proceedings.
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
F10c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6d
that it should exercise its powers under Article 8 of the Hague Convention (request to authority in another Contracting State to assume jurisdiction),
F43
The court may recall a sist 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 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.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.