Family Law Act 1986, Section 11 is up to date with all changes known to be in force on or before 05 March 2025. 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.
(1)Subject to subsection (2) below, the jurisdiction of the court to entertain an application for a [F1Part I order] with respect to a child by virtue of section 9, 10 or 15(2) of this Act is excluded if, on the date of the application, matrimonial [F2or civil partnership] proceedings are continuing in a court in any part of the United Kingdom in respect of the marriage [F3or civil partnership] of the parents of the child.
(2)Subsection (1) above shall not apply in relation to an application for a [F1Part I order] if the court in which the matrimonial [F4or civil partnership] proceedings are continuing has made one of the following orders, that is to say—
(a)an order under section [F52A(4)], 13(6) or [F619A(4)] of this Act (not being an order made by virtue of section 13(6)(a)(ii)); or
(b)an order under section 5(2), 14(2) or 22(2) of this Act which is recorded as made for the purpose of enabling [F7Part I proceedings with respect to] the child concerned to be taken in Scotland or, as the case may be, in another court in Scotland,
and that order is in force.
Textual Amendments
F1Words in s. 11(1)(2) 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)
F2Words in s. 11(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (S.S.I. 2005/623), arts. 1, 14(2)(a)
F3Words in s. 11(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (S.S.I. 2005/623), arts. 1, 14(2)(b)
F4Words in s. 11(2) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (S.S.I. 2005/623), arts. 1, 14(3)
F5Figure in s. 11(2)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 68(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6Words in s. 11(2)(a) substituted (4.11.1996) by S.I. 1995/756, art. 12(5)(d); S.R. 1996/297, art.3
F7Words in s. 11(2)(b) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
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