Amendments to the Family Law Act 1986611

1

Amend section 5 (power of court to refuse application or stay proceedings) as follows.

2

In subsection (2), omit “other than proceedings governed by the Council Regulation,”.

3

At the end of paragraph (b) of that subsection insert “or”

c

that it should exercise its powers under Article 15 of the Council Regulation (transfer to a court better placed to hear the case),

4

At the end of that subsection insert “or (as the case may be) exercise its powers under Article 15”.

5

In subsection (3), for “in accordance with subsection (2) above” substitute “by virtue of subsection (2)(a) or (b) above”.

6

After subsection (3), insert—

3A

The court may remove a stay granted under Article 15 of the Council Regulation only in accordance with that Article.

7

In subsection (4), after “Nothing in this section” insert “so far as it relates to proceedings not governed by the Council Regulation”.