C1Part I Child Custody
Chapter II Jurisdiction of Courts in England and Wales
5 Power of court to refuse application or stay proceedings.
1
A court in England and Wales 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 England and Wales.
2
Where, at any stage of the proceedings on an application made to a court in England and Wales for a F1Part I order, or for the variation of a F1Part I order, F3... it appears to the court—
a
that proceedings with respect to the matters to which the application relates are continuing outside England and Wales, or
b
that it would be more appropriate for those matters to be determined in proceedings to be taken outside England and Wales, F4or
c
that it should exercise its powers under Article 15 of the Council Regulation (transfer to a court better placed to hear the case),
the court may stay the proceedings on the application F5or (as the case may be) exercise its powers under Article 15.
F82A
If the proceedings on the application are proceedings in which a contact activity direction has been made under section 11A of the Children Act 1989 (or an enforcement order has been made under section 11J of that Act), the court may when granting a stay under or by virtue of subsection (2) also suspend the contact activity direction (or the enforcement order).
3
The court may remove a stay granted F6by 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.
F23A
The court may remove a stay granted under Article 15 of the Council Regulation only in accordance with that Article.
F93B
If the stay removed under subsection (3) or (3A) is a stay in relation to which the court suspended a contact activity direction made under section 11A of the Children Act 1989 (or an enforcement order made under section 11J of that Act), the court may when removing the stay under subsection (3) or (3A) also bring the suspension to an end.
4
Nothing in this section F7so far as it relates to proceedings not governed by the Council Regulation shall affect any power exercisable apart from this section to refuse an application or to grant or remove a stay.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.