Family Law Hub

Stay of Proceedings

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  • The father had applied for the return of the children from Ukraine, where they had been kept for ten months. Mostyn J had stayed the application, in anticipation of the Ukrainian court reinstating the father's application there. This did not happen, so the stay was lifted and the application would be heard. Directions were given, but the judge also urged the parties to explore a mediated solution to the case. Judgment, 21/06/2019, free
  • A costs order had been made against Mrs Hayes. She sought a stay, because there was a question as to whether Mr Hayes, if required to do so following the conclusion of another claim, would be able to repay the money. Henry Carr J decided that it was unnecessary to grant a stay, given that Mr Hayes had undertaken not to seek enforcement until the other claim was determined, and adjourned the hearing until that had happened. Judgment, 14/06/2019, free
  • The wife's divorce petition had been stayed on the basis that proceedings had already begun in Italy. On appeal, the question was whether the Italian court was still seised of proceedings. Moylan LJ held that this was for the Italian court to determine, but allowed the wife's appeal to the extent that English proceedings were adjourned, rather than stayed. Baker LJ agreed. Judgment, 26/04/2019, free
  • Application by the husband for a stay of divorce proceedings started by the wife in England where he wanted the proceedings to be held in Switzerland. The application was granted. Judgment, 09/07/2018, free
  • 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

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