Part I Child Custody

Chapter II Jurisdiction of Courts in England and Wales

F1F22 Jurisdiction: general.

(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 F3... F4 the Hague Convention , or

(b)

F5the Hague Convention does not apply but—

(i)

the question of making the order arises in or in connection with matrimonial proceedings F6or 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.

F7(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.

F8(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 F9... the Hague Convention, or

(b)

F10the Hague Convention does not apply but the condition in section 3 of this Act is satisfied.

F11(3)

A court in England and Wales shall not make a section 1(1)(d) order unless—

(a)

it has jurisdiction under F12... F13 the Hague Convention , or

(b)

F14the Hague Convention does not apply 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.