Case No. ZC20D00020

59.I now turn to the question of a discretionary stay. Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (hereafter “the DPMA”) is headed “Discretionary stays” and provides that:- “(1) Where before the beginning of the trial or first trial in any matrimonial proceedings, other than proceedings governed by the Council Regulation, which are continuing in the court, it appears to the court –(a)That any proceedings in respect of the marriage in question, or capable of affecting its validity or subsistence, are continuing in another jurisdiction; and(b)That the balance of fairness (including convenience) as between the parties to the marriage is such that it is appropriate for the proceedings in that jurisdiction to be disposed of before further steps are taken in the proceedings in [England] …. The court may then, if it thinks fit, order that the proceedings in the court be stayed or, as the case may be, that those proceedings be stayed….(1) In considering the balance of fairness and convenience for the purposes of sub-paragraph (1)(b) above, the court shall have regard to all factors appearing to be relevant, including the convenience of witnesses and any delay or expense which may result from the proceedings being stayed or not being stayed.”60.The burden of establishing that the balance of fairness means that the case should be heard in Norway is on the Husband. He has to show that Norway is clearly the more appropriate forum. If he fails to discharge that burden, his application will be dismissed. If he does so, the burden then falls on the Wife to establish that she will not obtain substantial justice in Norway.61.In