Family Law Act 1986
Part I Child Custody
Chapter I Preliminary
1 Orders to which Part I applies.
Chapter II Jurisdiction of Courts in England and Wales
2 Jurisdiction: general.
2A Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .
3 Habitual residence or presence of child.
4 Jurisdiction in divorce proceedings, etc.
5 Power of court to refuse application or stay proceedings.
6 Duration and variation of custody orders.
7 Interpretation of Chapter II.
Chapter III Jurisdiction of Courts in Scotland
8 Jurisdiction in independent proceedings.
9 Habitual residence.
10 Presence of child.
11 Provisions supplementary to sections 9 and 10.
12 Emergency jurisdiction.
13 Jurisdiction ancillary to matrimonial proceedings.
14 Power of court to refuse application or sist proceedings.
15 Duration, variation and recall of orders.
16 Tutory and curatory.
17 Orders for delivery of child.
17AThe provisions of this Chapter are subject to Sections 2...
18 Interpretation of Chapter III.
Chapter IV Jurisdiction of Courts in Northern Ireland
19 Jurisdiction: general.
19A Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .
20 Habitual residence or presence of child.
21 Jurisdiction in divorce proceedings, etc.
22 Power of court to refuse application or stay proceedings.
23 Duration and variation of custody orders.
24 Interpretation of Chapter IV.
Chapter V Recognition and Enforcement
25 Recognition of custody orders: general.
26 Recognition: special Scottish rule.
27 Registration.
28 Cancellation and variation of registration.
29 Enforcement.
30 Staying or sisting of enforcement proceedings.
31 Dismissal of enforcement proceedings.
32 Interpretation of Chapter V.
Chapter VI Miscellaneous and Supplemental
33 Power to order disclosure of child’s whereabouts.
34 Power to order recovery of child.
35 Powers to restrict removal of child from jurisdiction.
36 Effect of orders restricting removal.
37 Surrender of passports.
38 Automatic restriction on removal of wards of court.
39 Duty to furnish particulars of other proceedings.
40 Interpretation of Chapter VI.
41 Habitual residence after removal without consent, etc.
42 General interpretation of Part I.
43 Application of Part I to dependent territories.
Part II Recognition of Divorces, Annulments and Legal Separations
Divorces, annulments and judicial separations granted in the British Islands
44 Recognition in United Kingdom of divorces, annulments and judicial separations granted in the British Islands.
Overseas divorces, annulments and legal separations
45 Recognition in the United Kingdom of overseas divorces, annulments and legal separations.
46 Grounds for recognition.
47 Cross-proceedings and divorces following legal separations.
48 Proof of facts relevant to recognition.
Supplemental
49 Modifications of Part II in relation to countries comprising territories having different systems of law.
50 Non-recognition of divorce or annulment in another jurisdiction no bar to remarriage.
51 Refusal of recognition.
52 Provisions as to divorces, annulments etc. obtained before commencement of Part II.
53 Effect of divorces and annulments on wills.
54 Interpretation of Part II.
Part III Declarations of Status
55 Declarations as to marital status.
55A Declarations of parentage.
56 Declarations as to parentage, legitimacy or legitimation.
57 Declarations as to adoptions effected overseas.
58 General provisions as to the making and effect of declarations.
59 Provisions relating to the Attorney-General.
60 Supplementary provisions as to declarations.
61 Abolition of right to petition for jactitation of marriage.
62 Repeal of Greek Marriages Act 1884.
63 Interpretation of Part III.
Part IV Miscellaneous and General
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65 Amendments of Child Abduction Act 1984.
66 Amendments of Child Abduction (Northern Ireland) Order 1985.
Part IV Miscellaneous and General
67 Amendments of Child Abduction and Custody Act 1985.
68 Minor and consequential amendments, repeals and savings.
69 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Minor and Consequential Amendments Acts
ACTS
1. . . . . . . . . ....
The Guardianship of Infants Act 1886 (c. 27)
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Sheriff Courts (Scotland) Act 1907 (c. 51)
3In section 6 of the Sheriff Courts (Scotland) Act 1907,...
The Matrimonial Proceedings (Children) Act 1958 (c. 40)
4In section 8(1) of the Matrimonial Proceedings (Children) Act 1958—...
5In section 9(1) of the said Act of 1958, for...
6In section 10(1) of the said Act of 1958, for...
7In section 11(1) of that Act, for the words from...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
8In section 8(6) of the Law Reform (Miscellaneous Provisions) (Scotland)...
The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
9In section 2 of the Domestic and Appellate Proceedings (Restriction...
The Guardianship of Minors Act 1971 (c. 3)
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12In section 17 of that Act subsection (2) shall cease...
The Matrimonial Causes Act 1973 (c. 18)
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14In section 47 of that Act (declarations in respect of...
15In section 50 of that Act (matrimonial causes rules)—
The Guardianship Act 1973 (c. 29)
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18In section 10(3) of that Act, for the words from...
The Children Act 1975 (c. 72)
19In section 33(1) of the Children Act 1975 the words...
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Marriage (Scotland) Act 1977 (c. 15)
21In proviso (ii) to section 3(5) of the Marriage (Scotland)...
22In section 26(2) of the said Act of 1977 there...
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24In section 30(1) of the said Act of 1978, after...
The Supreme Court Act 1981 (c. 54)
25In section 26(b) of the Supreme Court Act 1981 the...
26In paragraph 3 of Schedule 1 to that Act (business...
The Matrimonial and Family Proceedings Act 1984 (c. 42)
27In section 32 of the Matrimonial and Family Proceedings Act...
The Child Abduction and Custody Act 1985 (c. 60)
28In section 9 of the Child Abduction and Custody Act...
29In section 20(2) of the said Act of 1985 (suspension...
30In section 27(1) of the said Act of 1985 (interpretation),...
31In paragraph 5 of Schedule 3 of the said Act...
ORDERS
The Matrimonial Causes (Northern Ireland) Order 1978 S.I. 1978/1045 (N.I. 15)
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Domestic Proceedings (Northern Ireland) Order 1980 S.I. 1980/563 (N.I. 5)
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34In Article 32(1) of that Order, for the words “Without...
SCHEDULE 2 Repeals

Family Law Act 1986

1986 c. 55

An Act to amend the law relating to the jurisdiction of courts in the United Kingdom to make orders with regard to the custody of children; to make provision as to the recognition and enforcement of such orders throughout the United Kingdom; to make further provision as to the imposition, effect and enforcement of restrictions on the removal of children from the United Kingdom or from any part of the United Kingdom; to amend the law relating to the jurisdiction of courts in Scotland as to tutory and curatory; to amend the law relating to the recognition of divorces, annulments and legal separations; to make further provision with respect to the effect of divorces and annulments on wills; to amend the law relating to the powers of courts to make declarations relating to the status of a person; to abolish the right to petition for jactitation of marriage; to repeal the Greek Marriages Act 1884; to make further provision with respect to family proceedings rules; to amend the Child Abduction Act 1984, the Child Abduction (Northern Ireland) Order 1985 and the Child Abduction and Custody Act 1985; and for connected purposes.

X1I1E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1

Annotations:
Commencement Information
I1

Act not in force at Royal Assent see s. 69(2)(3); Act partly in force at 7.1.1987 see s. 69(2)

Editorial Information
X1

The text of ss. 55, 58 to 63, 68, 69 was taken from S.I.F. Group 49:1 (Family Law: Marriage, England and Wales and Abroad), ss. 44 to 54, 64, 68, 69, Schs. 1, 2 from S.I.F. Group 49:3 (Family Law: Matrimonial Proceedings), ss. 56, 58 to 60, 63, 68, 69 from S.I.F. Group 49:7 (Family Law: Legitimacy, Affiliation and Age of Majority, England and Wales), ss. 1 to 7, 19 to 43, 65 to 69 from S.I.F. Group 49:9 (Family Law: Guardianship, England and Wales and Northern Ireland), ss. 1, 8 to 18, 25 to 43, 67 to 69 from S.I.F. Group 49:10 (Family Law: Guardianship and Aliment, Scotland), and ss. 57, 58 to 60, 63, 68, 69 from S.I.F. Group 49:11 (Family Law: Adoption).

Extent Information
E1

Act extends to the United Kingdom but for exceptions see s. 69(5)(6)(7)

Modifications etc. (not altering text)
C1

Act restricted by 1986 c. 55, s. 2(2A) (as inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 48 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o))