[F1[F22 Jurisdiction: general.E+W
(1)A court in England and Wales shall not make a section 1(1)(a) order with respect to a child unless—
(a)it has jurisdiction under the Council Regulation [F3or the Hague Convention] , or
(b)[F4neither the Council Regulation nor the Hague Convention applies] but—
(i)the question of making the order arises in or in connection with matrimonial proceedings [F5or civil partnership proceedings] and the condition in section 2A of this Act is satisfied, or
(ii)the condition in section 3 of this Act is satisfied.]
[F6(2A)A court in England and Wales shall not have jurisdiction to make a special guardianship order under the Children Act 1989 unless the condition in section 3 of this Act is satisfied.
(2B)A court in England and Wales shall not have jurisdiction to make an order under section 26 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied.]
[F7(2C)A court in England and Wales shall not have jurisdiction to make an order under section 51A of the Adoption and Children Act 2002 unless—
(a)it has jurisdiction under the Council Regulation or the Hague Convention, or
(b)neither the Council Regulation nor the Hague Convention applies but the condition in section 3 of this Act is satisfied.]
[F8(3)A court in England and Wales shall not make a section 1(1)(d) order unless—
(a)it has jurisdiction under the Council Regulation [F9or the Hague Convention] , or
(b)[F10neither the Council Regulation nor the Hague Convention applies] but—
(i)the condition in section 3 of this Act is satisfied, or
(ii)the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.]]
Textual Amendments
F1S. 2 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 64 (with Sch. 14 para. 1(1)); S.I. 1991/828,art. 3(2)
F2S. 2(1) substituted for s. 2(1)(2) (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 8(2) (with reg. 20)
F3Words in s. 2(1)(a) inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 5(a)
F4Words in s. 2(1)(b) substituted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 5(b)
F5Words in s. 2(1)(b)(i) inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 5 (with art. 2(4))
F6S. 2(2A)(2B) 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)
F7S. 2(2C) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(6), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F8S. 2(3) substituted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 8(3) (with reg. 20)
F9Words in s. 2(3)(a) inserted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 5(c)
F10Words in s. 2(3)(b) substituted (1.11.2012) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 5(d)