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Family Law Act 1986
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Version Superseded: 04/11/1996
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Family Law Act 1986, Section 20 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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20 Habitual residence or presence of child.N.I.
(1)The condition referred to in section 19 of this Act is that on the relevant date the child concerned—
(a)is habitually resident in Northern Ireland, or
(b)is present in Northern Ireland and is not habitually resident in any part of the United Kingdom,
and, in either case, the jurisdiction of the court is not excluded by subsection (2) below.
(2)For the purposes of subsection (1) above. the jurisdiction or the court is excluded if, on the relevant date, proceedings for divorce, nullity or judicial separation are continuing in a court in England and Wales or Scotland in respect of the marriage of the parents of the child concerned.
(3)Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made—
(a)an order under section [F12A(4)] or 13(6) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or
(b)an order under section 5(2) or 14(2) of this Act which is recorded as made for the purpose of enabling [F2Part I proceedings with respect to] the child concerned to be taken in Northern Ireland,
and that order is in force.
(4)Subject to subsection (5) and (6) below, in this section “the relevant date” means the date of the commencement of the proceedings in which the [F3Part I order] falls to be made.
(5)In the case of a [F3Part I order] under section 5 of the M1Guardianship of Infants Act 1886 “the relevant date” means the date of the application for the order (or first application, if two or more are determined together).
(6)In the case of a [F3Part I order] within [F4section 1(1)(e)] of this Act “the relevant date” means—
(a)where an application is made for an order, the date of the application (or first application, if two or more are determined together), and
(b)where no such application is made, the date of the order.
Textual Amendments
F1Figure in s. 20(3)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 68(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Words in s. 20((3)(b) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3Words in s. 20 (4)-(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a); S.I. 1991/828, art. 3(2) (with Sch. 14 para. 1(1))
F4Figure in s. 20(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 69(b) (With Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
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