Family Law Act 1986

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1 Orders to which Part I applies.E+W+N.I.

(1)Subject to the following provisions of this section, in this Part “ [F1Part I order]” means—

[F2(a)a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order]

[F3(aa)a special guardianship order made by a court in England and Wales under the Children Act 1989;

(ab)an order made under section 26 of the Adoption and Children Act 2002 (contact), other than an order varying or revoking such an order]

[F4(ac)an order made under section 51A of the Adoption and Children Act 2002 (post-adoption contact), other than an order varying or revoking such an order;]

(b)an order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F5residence, custody, care or control of a child, contact with or], access to a child or the education or upbringing of a child, excluding—

(i)an order committing the care of a child to a local authority or placing a child under the supervision of a local authority;

F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)an order [F7giving parental responsibilities and parental rights in relation to] a child made in the course of proceedings for the adoption of the child (other than an order made following the making of a direction under section 53(1) of the Children Act 1975);

(v)an order made under the M1Education (Scotland) Act 1980;

(vi)an order made under Part II or III of the M2Social Work (Scotland) Act 1968;

(vii)an order made under the M3Child Abduction and Custody Act 1985;

(viii)an order for the delivery of a child or other order for the enforcement of a [F1Part I order];

(ix)an order relating to the tutory or curatory of a child;

[F8(x)an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4));

(xi)a permanence order (as defined in subsection (2) of section 80 of that Act) which includes provision such as is mentioned in paragraph (c) of that subsection.]

[F9(c)an Article 8 order made by a court in Northern Ireland under the Children (Northern Ireland) Order 1995, other than an order varying or discharging such an order;]

[F10(d)an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—

(i)so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii)excluding an order varying or revoking such an order;]

[F11(e)an order made by the High Court in Northern Ireland in the exercise of its inherent jurisdiction with respect to children—

(i)so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii)excluding an order varying or discharging such an order;]

(2)In this Part “ [F1Part I order]” does not include—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(3)In this Part, “Part I order”—

(a)includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989 [F16or the Children (Northern Ireland) Order 1995, as the case may be]; and

(b)(subject to section 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.]

[F17(3A)In subsection (1)(b)(xi) “permanence order” includes a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009.]

(6)Provision may be made by act of sederunt prescribing, in relation to orders within subsection (1)(b) above, what constitutes an application for the purposes of this Part.

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F1Words in S. 1(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F2S. 1(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(1)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F3S. 1(1)(aa)(ab) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 47 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F4S. 1(1)(ac) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(5), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F5Words in s. 1(1)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(2)(a); S.I. 1996/2203, art. 3, Sch.

F6S. 1(1)(b)(ii)(iii) repealed (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F7Words in s. 1(1)(b)(iv) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(2)(b); S.I. 1996/2203, art. 3, Sch.

F8S. 1(1)(b)(x)(xi) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 para. 2(2)

F9S. 1(1)(c) substituted (4.11.1996) by S.I. 1995/756, art. 12(2)(a)(i); S.R. 1996/297, para. 3

F10S. 1(1)(d)(e) substituted (14.10.1991) for s. 1(1)(d) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(1)(b) (with Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)

F11S. 1(1)(e) substituted (4.11.1996) by S.I. 1995/756, art. 12(2)(a)(ii); S.R. 1996/297, para. 3

F12S. 1(2)(a) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. 1996/297, para. 3

F13S. 1(2)(b) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F14S. 1(2)(c) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. 1996/297, para. 3

F15S. 1(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F16Words in s. 1(3) inserted (4.11.1996) by S.I. 1995/756, art. 12(2)(b); S.R. 1996/297, para. 3

F17S. 1(3A) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 para. 2(3)

Marginal Citations

M11980 c. 44.

M21968 c. 49.

M31985 c. 60.

1 Orders to which Part I applies.S

(1)Subject to the following provisions of this section, in this Part “ [F18Part I order]” means—

[F19(a)a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order]

[F3(aa)a special guardianship order made by a court in England and Wales under the Children Act 1989;

(ab)an order made under section 26 of the Adoption and Children Act 2002 (contact), other than an order varying or revoking such an order]

[F4(ac)an order made under section 51A of the Adoption and Children Act 2002 (post-adoption contact), other than an order varying or revoking such an order;]

(b)an order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F20residence, custody, care or control of a child, contact with or], access to a child or the education or upbringing of a child, excluding—

(i)an order committing the care of a child to a local authority or placing a child under the supervision of a local authority;

F21 F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 F6(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)an order [F23giving parental responsibilities and parental rights in relation to] a child made in the course of proceedings for the adoption of the child (other than an order made following the making of a direction under section 53(1) of the Children Act 1975);

(v)an order made under the M4Education (Scotland) Act 1980;

(vi)an order made under Part II or III of the M5Social Work (Scotland) Act 1968;

(vii)an order made under the M6Child Abduction and Custody Act 1985;

(viii)an order for the delivery of a child or other order for the enforcement of a [F18Part I order];

(ix)an order relating to the [F24guardianship]of a child;

[F25[F8(x)an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);

(xi)a permanence order (as defined in subsection (2) of section 80 of that Act) which includes provision such as is mentioned in paragraph (c) of that subsection]

[F26(c)an Article 8 order made by a court in Northern Ireland under the Children (Northern Ireland) Order 1995, other than an order varying or discharging such an order;]

[F27(d)an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—

(i)so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii)excluding an order varying or revoking such an order;]

[F28(e)an order made by the High Court in Northern Ireland in the exercise of its inherent jurisdiction with respect to children—

(i)so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii)excluding an order varying or discharging such an order;]

(2)In this Part “ [F18Part I order]” does not include—

F29(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(3)In this Part, “Part I order”—

(a)includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989 [F33or the Children (Northern Ireland) Order 1995, as the case may be]; and

(b)(subject to section 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.]

(6)Provision may be made by act of sederunt prescribing, in relation to orders within subsection (1)(b) above, what constitutes an application for the purposes of this Part.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F3S. 1(1)(aa)(ab) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 47 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F4S. 1(1)(ac) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(5), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F6S. 1(1)(b)(ii)(iii) repealed (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F8S. 1(1)(b)(x)(xi) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 para. 2(2)

F17S. 1(3A) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 para. 2(3)

F18Words in S. 1(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F19S. 1(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(1)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F20Words in s. 1(1)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(2)(a); S.I. 1996/2203, art. 3(3), Sch.

F21S. 1(1)(b)(ii) repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)