Part I U.K. Child Custody

Modifications etc. (not altering text)

C1 Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.

Chapter III S Jurisdiction of Courts in Scotland

15 Duration, variation and recall of orders. S

(1) Where, after the making by a court in Scotland of a [F1 Part I order] (“the existing order”) with respect to a child,—

(a) a [F1 Part I order], or an order varying a [F1 Part I order], competently made by another court in any part of the United Kingdom with respect to that child; or

(b) an order for the custody of that child which is made outside the United Kingdom and recognised in Scotland by virtue of section 26 of this Act,

comes into force, the existing order shall cease to have effect so far as it makes provision for any matter for which the same or different provision is made by the order of the other court in the United Kingdom or, as the case may be, the order so recognised.

(2) Subject to sections 11(1) and 13(3) and (4) of this Act, a court in Scotland which has made a [F1 Part I order] (“the original order”) may, notwithstanding that it would no longer have jurisdiction to make the original order, make an order varying or recalling the original order; but if the original order has by virtue of subsection (1) above ceased to have effect so far as it makes provision for any matter, the court shall not have power to vary that order under this subsection so as to make provision for that matter.

(3) In subsection (2) above, an order varying an original order means any [F1 Part I order] made with respect to the same child as the original order was made.

(4) Where any person who is entitled to the custody of a child under a [F1 Part I order] made by a court in Scotland ceases to be so entitled by virtue of subsection (1) above, then, if there is in force an order made by a court in Scotland under section 12(1) of the M1 Matrimonial Proceedings (Children) Act 1958 or section 11(1)(b) of the M2 Guardianship Act 1973 providing for the supervision of that child by a local authority, that order shall cease to have effect.

Textual Amendments

F1 Words in s. 15(1)(a)(2)(3)(4) 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)

Marginal Citations

M1 1958 c. 40.

M2 1973 c. 29.