PART 12CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
CHAPTER 6PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, THE COUNCIL REGULATION, AND THE 1996 HAGUE CONVENTION
SECTION 2Applications relating to the Council Regulation and the 1996 Hague Convention
Questions as to the court's jurisdiction or whether the proceedings should be stayed12.68.
(1)
If at any time after issue of the application it appears to the court that under any of Articles 16 to 18 of the Council Regulation it does not or may not have jurisdiction to hear an application, or that under Article 19 of the Council Regulation or Article 13 of the 1996 Hague Convention it is or may be required to stay(GL) the proceedings or to decline jurisdiction, the court must—
(a)
stay(GL) the proceedings; and
(b)
fix a date for a hearing to determine jurisdiction or whether there should be a stay(GL) or other order.
(2)
The court officer will serve notice of the hearing referred to at paragraph (1)(b) on the parties to the proceedings.
(3)
The court must, in writing—
(a)
give reasons for its decision under paragraph (1); and
(b)
where it makes a finding of fact, state such finding.
(4)
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(GL), without a hearing.