Family Law Act 1986

42 General interpretation of Part I. U.K.

(1) In this Part—

• “certified copy”, in relation to an order of any court, means a copy certified by the prescribed officer of the court to be a true copy of the order or of the official record of the order;

• [F1 “parental responsibilities” and “parental rights” have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995;]

• “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

• “prescribed” means prescribed by rules of court or act of sederunt.

(2) For the purposes of this Part proceedings in England and Wales or in Northern Ireland for divorce, nullity or judicial separation in respect of the marriage of the parents of a child shall, unless they have been dismissed, be treated as continuing until the child concerned attains the age of eighteen (whether or not a decree has been granted and whether or not, in the case of a decree of divorce or nullity of marriage, that decree has been made absolute).

(3) For the purposes of this Part, matrimonial proceedings in a court in Scotland which has jurisdiction in those proceedings to make a [F2 Part I order] with respect to a child shall, unless they have been dismissed or decree of absolvitor has been granted therein, be treated as continuing until the child concerned attains the age of sixteen.

(4) Any reference in this Part to proceedings in respect of the marriage of the parents of a child shall, in relation to a child who, although not a child of both parties to the marriage, is a child of the family of those parties, be construed as a reference to proceedings in respect of that marriage; and for this purpose “child of the family”—

(a) if the proceedings are in England and Wales, means any child who has been treated by both parties as a child of their family, except a child who [F3 is placed with those parties as foster parents] by a local authority or a voluntary organisation;

(b) if the proceedings are in Scotland, means any child [F4 who has been treated by both parties as a child of their family, except a child who has been placed with those parties as foster parents by a local authority or a voluntary organisation;]

(c) if the proceedings are in Northern Ireland, means any child who has been treated by both parties as a child of their family, except a child who has been boarded out with those parties by or on behalf of the Department of Health and Social Services or a voluntary organisation.

(5) References in this Part to custody orders include (except where the context otherwise requires) references to custody orders as varied.

(6) For the purposes of this Part each of the following orders shall be treated as varying the [F2 Part I order] to which it relates—

(a) an order which provides for a person [F5 to be allowed contact with or] to be given access to a child who is the subject of a [F2 Part I order], or which makes provision for the education of such a child,

(b) an order under F6 . . . Article 45(6) of the M1 Matrimonial Causes (Northern Ireland) Order 1978,

(c) an order under F6 . . . Article 45(7) of that Order, and

(d) an order under F6 . . . Article 20(6) of the M2 Domestic Proceedings (Northern Ireland) Order 1980;

and for the purposes of Chapter V of this Part and this Chapter, this subsection shall have effect as if any reference to any enactment included a reference to any corresponding enactment previously in force.

[F7 (7) In this Part—

(a) references to Part I proceedings in respect of a child are references to any proceedings for a Part I order or an order corresponding to a Part I order and include, in relation to proceedings outside the United Kingdom, references to proceedings before a tribunal or other authority having power under the law having effect there to determine Part I matters; and

(b) references to Part I matters are references to matters that might be determined by a Part I order or an order corresponding to a Part I order.]

Textual Amendments

F1 Definition of

“parental responsibilities”

inserted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(9)(a); S.I. 1996/2203, art. 3(3), Sch.

F2 Words in s. 42(3)(6)(6a)substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F3 Words in s. 42(4)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 71(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F4 Words in s. 42(4)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(9)(b); S.I. 1996/2203, art. 3(3), Sch

F5 Words in s. 42(6)(a) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 71(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F6 Words in s. 42(6)(a)(b)(c) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F7 S. 42(7) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Marginal Citations

M1 S.I. 1978/1045 (N.I. 15).

M2 S.I. 1980/563 (N.I. 5).