Civil Partnership Act 2004

63 Restrictions on making of orders affecting children E+W

(1) In any proceedings for a dissolution, nullity or separation order, the court must consider—

(a) whether there are any children of the family to whom this section applies, and

(b) if there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children Act 1989 (c. 41) with respect to any of them.

(2) If, in the case of any child to whom this section applies, it appears to the court that—

(a) the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1989 Act with respect to any such child,

(b) it is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, and

(c) there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,

it may direct that the order is not to be made final, or (in the case of a separation order) is not to be made, until the court orders otherwise.

(3) This section applies to—

(a) any child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, and

(b) any child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.