Family Law Hub

Stay of Proceedings

Latest updates

  • The ex-wife's application for enforcement of the provisions of an order relating to maintenance was stayed according to Art 12 of the Maintenance Regulation until the Italian court had determined the question of its jurisdiction . Judgment, 10/05/2017, free
  • Procedural failings by the Court of Appeal Office resulted in the setting aside of several parts of the President's order. Judgment, 09/06/2015, free
  • Wife's application for a variation on a stay of enforcement of a periodical payments order by means of a judgment summons under section 5 of the Debtors Act 1869. The variation was granted and the appeal hearing brought forward by 3 months. Judgment, 15/12/2014, free
  • The questions that required determination were a) whether Mostyn J was right to stay the Children Act proceedings brought by the mother under Art 19(2) of Council Regulation (EC) No 2201/2003 (BIIR) and b) whether he erred in ordering that mother take the child to Italy on or before 18 December 2013. Appeal against the stay was dismissed; reserved judgment as to the return to Italy. Judgment, 23/05/2014, free
  • An application by the husband for an order granting permission to appeal the order of a Deputy District Judge whereby he stayed the wife's divorce proceedings but excepted from that stay her application for a Legal Services Payment Order. Mr Justice Mostyn gave permission for the appeal and allowed it, saying that by the terms of FPR 2010 rule 9.7(1) an application for an LSPO is for an interim order, just as is an application for an order for maintenance pending suit. Such an application is dependent for its existence and validity on the continuance of the main suit. If the main suit is stayed then all subsidiary ancillary applications for financial relief are stayed, and a fortiori all applications and orders for interim relief, whether for maintenance pending suit or an LSPO. Judgment, 10/03/2014, free

Latest know-how

  • In a tweet: H successfully stays English enforcement proceedings when variation proceedings already underway in Italy Case note, 12/06/2017, members only
  • Procedural failings by the Court of Appeal Office resulted in the setting aside of several parts of the President's order. Case note, 23/07/2015, members only
  • Case note, 03/06/2014, members only
  • An application by the husband for an order granting permission to appeal the order of a Deputy District Judge whereby he stayed the wife's divorce proceedings but excepted from that stay her application for a Legal Services Payment Order. Case note, 28/04/2014, free
  • Appeal which centred on the H's belated challenge to England being the correct jurisdiction for the divorce and the failure of an adjournment application based on the H's ill-health. Case note, 18/02/2014, free

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