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Family Law Act 1986
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2Jurisdiction in cases other than divorce, etc.
(1)A court in England and Wales shall not have jurisdiction to make a custody order within section 1(1)(a) of this Act, other than one under section 42(1) of the [1973 c. 18.] Matrimonial Causes Act 1973, unless the condition in section 3 of this Act is satisfied.
(2)The High Court in England and Wales shall have jurisdiction to make a custody order within section 1(1)(d) of this Act if, and only if,—
(a)the condition in section 3 of this Act is satisfied, or
(b)the ward is present in England and Wales on the relevant date (within the meaning of section 3(6) of this Act) and the court considers that the immediate exercise of its powers is necessary for his protection.
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