- Latest available (Revised)
- Point in Time (04/11/1996)
- Original (As enacted)
Version Superseded: 01/04/1997
Point in time view as at 04/11/1996. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Child Abduction and Custody Act 1985, Section 20 is up to date with all changes known to be in force on or before 16 August 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where it appears to any court in which such proceedings as are mentioned in subsection (2) below are pending in respect of a child that—
(a)an application has been made for the registration of a decision in respect of the child under section 16 above (other than a decision mentioned in subsection (3) below) or that such a decision is registered; and
(b)the decision was made in proceedings commenced before the proceedings which are pending,
the powers of the court with respect to the child in those proceedings shall be restricted as mentioned in subsection (2) below unless, in the case of an application for registration, the application is refused.
(2)Where subsection (1) above applies the court shall not—
(a)in the case of custody proceedings, make, vary or revoke any custody order, or [F1a supervision order under section 31 of the Children Act 1989] or [F2Article 50 of the Children (Northern Ireland) Order 1995][F3or];
[F4(aa)in the case of proceedings under section 29 of the Family Law Act 1986 for the enforcement of a custody order within the meaning of Chapter V of Part I of that Act, enforce that order;]
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(d)in the case of proceedings in respect of a summary application under section 16(8), 16A(3) or 18(3) of the M1Social Work (Scotland) Act 1968, determine that application; F6. . .
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(2A)Where it appears to the Secretary of State—
(a)that an application has been made for the registration of a decision in respect of a child under section 16 above (other than a decision mentioned in subsection (3) below); or
(b)that such a decision is registered,
the Secretary of State shall not make, vary or revoke any custody order in respect of the child unless, in the case of an application for registration, the application is refused.]
(3)The decision referred to in subsection (1) [F8or (2A)] above is a decision which is only a decision relating to custody within the meaning of section 16 of this Act by virtue of being a decision relating to rights of access.
(4)Paragraph (b) of Article 10(2) of the Convention shall be construed as referring to custody proceedings within the meaning of this Act.
(5)This section shall apply to a children’s hearing within the meaning of Part III of the Social Work (Scotland) Act 1968 as it does to a court.
Textual Amendments
F1Words in s. 20(2)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 57(1), Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)
F2Words in s. 20(2)(a) substituted (18.7.1996) by S.I. 1995/756, art. 11(2); S.R. 1996/297, art. 3
F3Word in s. 20(2)(a) added (4.11.1996) by S.I. 1995/756, art. 11(3); S.R. 1996/297, art. 3
F4S. 20(2)(aa) inserted by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 29
F5S. 20(2)(b)(c) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 14 para. 27(4), Sch. 15; S.I. 1991/828, art. 3(2)
F6S. 20(2)(e) and the word “or” immediately preceding it repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. 1996/297, art. 3
F7S. 20(2A) inserted by Family Law Act 1986 (c. 55, SIF 49:9, 10), s. 67(2)
F8Words inserted by Family Law Act 1986 (c. 55, SIF 49:9, 10), s. 67(3)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: