SCHEDULEConsequential amendments
Family Law Act 1986
I16
1
In section 5(2) (power of court to refuse application or stay proceedings: England and Wales)—
a
after paragraph (a) leave out “or”,
b
after paragraph (b) leave out “or”,
c
after paragraph (c) insert “, or” and insert
d
that it should exercise its powers under Article 8 of the Hague Convention (request to authority in another Contracting State to assume jurisdiction),
d
after “Article 15” in the words following paragraph (c), insert “of the Council Regulation or Article 8 of the Hague Convention”.
2
After section 5(3A) insert—
3AA
The court may remove a stay 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 stay, or
b
the parties do not, within the period specified by the court, request the authority in the other Contracting State to assume jurisdiction.
3
In section 5(3B) for “or (3A)” substitute “, (3A) or (3AA)”.