The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005

Amendments to the Family Law Act 1986(1)

16.—(1) Amend section 23 (duration and variation of custody orders) as follows.

(2) In subsection (3)—

(a) after “matrimonial proceedings” insert “or civil partnership proceedings”; and

(b) after “marriage” insert “or civil partnership”.

(3) For subsections (3A) and (3B) substitute—

“(3A) Subsection (3) shall not apply if—

(a) the Part 1 order was made in or in connection with proceedings—

(i) for divorce or nullity in Northern Ireland in respect of the marriage of the parents of the child concerned; or

(ii) for dissolution or annulment in Northern Ireland in respect of the civil partnership of the parents of the child concerned; and

(b) those proceedings are continuing.

(3B) Subsection (3) shall not apply if—

(a) the Part 1 order was made in or in connection with proceedings—

(i) for judicial separation in Northern Ireland; or

(ii) for a separation order in Northern Ireland; and

(b) those proceedings are continuing; and

(c) as the case may be, the decree of judicial separation has not yet been granted or the separation order has not yet been made.”

(1)

1986 c. 55, as amended by the Children Act 1989 s. 108(5) Schedule 13, the Children (NI) Order 1995 S.I. 1995/755 and S.I. 2005/265.