54.28 -  Application for a stay on the operation of an order under section 11(2) (b) of the Guardianship of Infants Act 1964 section 5, 5a, 7 of the Family Law (Maintenance of Spouses and Children) Act 1976 section 45, 47 of the CPCROC Act 2010

What this form is for

• • Use this form when you need to temporarily suspend a guardianship order
• • Use this form when you need to delay enforcement of a maintenance order
• • Use this form when you need to pause civil procedure orders
• • Use this form only if you are a party to the original case
• • Use this form when you have legitimate legal grounds for the stay

Use this form or another form?

Deadline or filing window

Applications for stay should generally be made as soon as possible after receiving the order, with no specific statutory deadline, but delays may negatively affect the court's decision.

Before you submit

• • Complete all sections of the form
• • Attach a copy of the order you want stayed
• • Prepare a detailed statement explaining your grounds for the stay
• • Include any supporting evidence or documents
• • Verify you have the correct court address
• • Check if court fees apply and payment method required
• • Make copies of your complete application before submission

How to file this form

1. 1Obtain the official Form 54.28 from the Courts Service website or court office
2. 2Complete all sections with accurate information about the order and grounds for stay
3. 3Prepare supporting documents including the order and evidence
4. 4Submit to the relevant court office, keeping copies for your records
5. 5Serve copies on all other parties to the original case
6. 6Attend any required court hearing if one is scheduled

Known limitations

• • This form cannot change the underlying order permanently
• • A stay is not guaranteed and requires proper legal justification
• • The court may impose conditions on any granted stay
• • This form does not apply to criminal matters or certain emergency orders
• • The stay may be lifted if circumstances change