Family Law Act 1986

Changes over time for: Section 2

Alternative versions:

Changes to legislation:

Family Law Act 1986, Section 2 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 2:

s. 2(1) substituted for s. 2(1)(2) by 1996 c. 27 Sch. 8 para. 37(2) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 1(1)(ca)-(cc) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 7
s. 2A(1)(1A) substituted for s. 2(1) by 1996 c. 27 Sch. 8 para. 37(3) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
s. 19(1A)-(1C) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 8
s. 29A inserted by 2020 asp 16 s. 29(2)
s. 38(4) inserted by 1996 c. 27 Sch. 8 para. 37(9) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))

[F1[F22 Jurisdiction: general.E+W

(1)A court in England and Wales shall not make a section 1(1)(a) order with respect to a child unless—

(a)it has jurisdiction under F3... [F4 the Hague Convention] , or

(b)[F5the Hague Convention does not apply] but—

(i)the question of making the order arises in or in connection with matrimonial proceedings [F6or civil partnership proceedings] and the condition in section 2A of this Act is satisfied, or

(ii)the condition in section 3 of this Act is satisfied.]

[F7(2A)A court in England and Wales shall not have jurisdiction to make a special guardianship order under the Children Act 1989 unless the condition in section 3 of this Act is satisfied.

(2B)A court in England and Wales shall not have jurisdiction to make an order under section 26 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied.]

[F8(2C)A court in England and Wales shall not have jurisdiction to make an order under section 51A of the Adoption and Children Act 2002 unless—

(a)it has jurisdiction under F9... the Hague Convention, or

(b)[F10the Hague Convention does not apply] but the condition in section 3 of this Act is satisfied.]

[F11(3)A court in England and Wales shall not make a section 1(1)(d) order unless—

(a)it has jurisdiction under F12... [F13 the Hague Convention] , or

(b)[F14the Hague Convention does not apply] but—

(i)the condition in section 3 of this Act is satisfied, or

(ii)the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.]]

Textual Amendments

F1S. 2 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 64 (with Sch. 14 para. 1(1)); S.I. 1991/828,art. 3(2)

F2S. 2(1) substituted for s. 2(1)(2) (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 8(2) (with reg. 20)

F3Words in s. 2(1)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 15(2)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)