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Family Law Act 1986
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11Provisions supplementary to sections 9 and 10.
(1)Subject to subsection (2) below, the jurisdiction of the court to entertain an application for a custody 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 proceedings are continuing in a court in any part of the United Kingdom in respect of the marriage of the parents of the child.
(2)Subsection (1) above shall not apply in relation to an application for a custody order if the court in which the matrimonial proceedings are continuing has made one of the following orders, that is to say—
(a)an order under section 4(5), 13(6) or 21(5) 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 proceedings with respect to the custody of 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.
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