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← The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005

The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005 art 6

The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005 art 6

art 6 Supplementary

(1) Rules 7 and 8 apply where proceedings for a dissolution, separation or nullity order are stayed by reference to proceedings in a related jurisdiction for the dissolution or annulment of a civil partnership, or the legal separation of civil partners. (2) But paragraph (1) is subject to rule 9. (3) In this rule and in rules 7 to 9— (a) “lump sum order” means— (i) an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(f)(lump sum for child) of that Schedule, or (ii) an order made under Schedule 1 to the Children Act 1989 of a kind mentioned in paragraph 1(2)(c)(lump sum for child) of that Schedule, if made in equivalent circumstances to an order of the kind mentioned in sub-paragraph (a)(i); (b) “the other proceedings”, in relation to any stayed proceedings, means the proceedings in the other jurisdiction by reference to which the stay was imposed; (c) “relevant order” means— (i) an order under Part 8 of Schedule 5 to the Civil Partnership Act 2004 (maintenance pending outcome of dissolution, nullity or separation proceedings), (ii) an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(d) or (e)(periodical payments for child) of that Schedule, (iii) an order made under Schedule 1 to the Children Act 1989 of a kind mentioned in paragraph 1(2)(a) or (b) (periodical payments for child) of that Schedule, if made in equivalent circumstances to an order of a kind mentioned in sub-paragraph (c)(ii), (iv) an order under section 8 of the Children Act 1989, or (v) except for the purposes of rule 8, any order restraining a person from removing a child out of England and Wales or out of the care of another person; and (d) “stayed” means stayed in pursuance of these Rules. (4) Nothing in rules 7 to 9 affects any power of the court— (a) to vary or discharge a relevant order which remains in force, (b) to enforce a relevant order in relation to any period when it is or was in force, or (c) to make a relevant order or a lump sum order in connection with proceedings which were, but are no longer, stayed.

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