The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005

Supplementary

6.—(1) Rules 7 and 8 apply where proceedings for a dissolution, separation or nullity order are stayed by reference to proceedings in a related jurisdiction for the dissolution or annulment of a civil partnership, or the legal separation of civil partners.

(2) But paragraph (1) is subject to rule 9.

(3) In this rule and in rules 7 to 9—

(a) “lump sum order” means—

(i) an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(f)(lump sum for child) of that Schedule, or

(ii) an order made under Schedule 1 to the Children Act 1989(1) of a kind mentioned in paragraph 1(2)(c)(lump sum for child) of that Schedule, if made in equivalent circumstances to an order of the kind mentioned in sub-paragraph (a)(i);

(b) “the other proceedings”, in relation to any stayed proceedings, means the proceedings in the other jurisdiction by reference to which the stay was imposed;

(c) “relevant order” means—

(i) an order under Part 8 of Schedule 5 to the Civil Partnership Act 2004 (maintenance pending outcome of dissolution, nullity or separation proceedings),

(ii) an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(d) or (e)(periodical payments for child) of that Schedule,

(iii) an order made under Schedule 1 to the Children Act 1989 of a kind mentioned in paragraph 1(2)(a) or (b) (periodical payments for child) of that Schedule, if made in equivalent circumstances to an order of a kind mentioned in sub-paragraph (c)(ii),

(iv) an order under section 8 of the Children Act 1989, or

(v) except for the purposes of rule 8, any order restraining a person from removing a child out of England and Wales or out of the care of another person; and

(d) “stayed” means stayed in pursuance of these Rules.

(4) Nothing in rules 7 to 9 affects any power of the court—

(a) to vary or discharge a relevant order which remains in force,

(b) to enforce a relevant order in relation to any period when it is or was in force, or

(c) to make a relevant order or a lump sum order in connection with proceedings which were, but are no longer, stayed.

(1)

1989 c. 41.