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Family Law Act 1986
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Changes to legislation:
Family Law Act 1986, Section 2A is up to date with all changes known to be in force on or before 01 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 2A:
- s. 2A(2) words substituted by 1996 c. 27 Sch. 8 para. 37(4) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 2A(3) words substituted by 1996 c. 27 Sch. 8 para. 37(5) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 2A(4) words substituted by 1996 c. 27 Sch. 8 para. 37(6) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(1)(ca)-(cc) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 7
- s. 2A(1)(1A) substituted for s. 2(1) by 1996 c. 27 Sch. 8 para. 37(3) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 19(1A)-(1C) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 8
- s. 29A inserted by 2020 asp 16 s. 29(2)
- s. 38(4) inserted by 1996 c. 27 Sch. 8 para. 37(9) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
[F12A Jurisdiction in or in connection with matrimonial proceedings [F2or civil partnership proceedings] .E+W
(1)The condition referred to in section 2(1) of this Act is that the F3... proceedings are proceedings in respect of the marriage [F4or civil partnership] of the parents of the child concerned and—
(a)the proceedings—
(i)are proceedings for divorce or nullity of marriage [F5, or dissolution or annulment of a civil partnership], and
(ii)are continuing;
(b)the proceedings—
(i)are proceedings for judicial separation [F6or legal separation of civil partners],
(ii)are continuing,
and the jurisdiction of the court is not excluded by subsection (2) below; or
(c)the proceedings have been dismissed after the beginning of the trial but—
(i)the section 1(1)(a) order is being made forthwith, or
(ii)the application for the order was made on or before the dismissal.
[F7(2)For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if—
(a)after the grant of a decree of judicial separation [F8or the making of a judicial separation order], on the relevant date, proceedings for divorce or nullity in respect of the marriage, or
(b)after the making of a separation order, on the relevant date, proceedings for dissolution or annulment in respect of the civil partnership,
are continuing in Scotland or Northern Ireland.]
(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 13(6) or [F919A(4)] of this Act (not being an order made by virtue of section 13(6)(a)(i)), or
(b)an order under section 14(2) or 22(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in England and Wales with respect to the child concerned.
(4)Where a court—
(a)has jurisdiction to make a section 1(1)(a) order [F10by virtue of section 2(1)(b)(i) of this Act], but
(b)considers that it would be more appropriate for Part I matters relating to the child to be determined outside England and Wales,
the court may by order direct that, while the order under this subsection is in force, no section 1(1)(a) order shall be made by any court [F11by virtue of section 2(1)(b)(i) of this Act].]
Textual Amendments
F1S. 2A 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)
F2Words in s. 2A heading inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 6 (with art. 2(4))
F3Word in s. 2A(1) omitted (5.12.2005) by virtue of The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(2)(a) (with art. 2(4))
F4Words in s. 2A(1) inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(2)(b) (with art. 2(4))
F5Words in s. 2A(1)(a)(i) inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(2)(c) (with art. 2(4))
F6Words in s. 2A(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, 7(2)(d) (with art. 2(4))
F7S. 2A(2) substituted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(3) (with art. 2(4))
F8Words in s. 2A(2)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 51(2); S.I. 2022/283, reg. 2
F9Words in s. 2A(3)(a) substituted (4.11.1996) by S.I. 1995/756, art. 12(5); S.R. 1996/297, para. 3
F10Words in s. 2A(4) 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, 9(a) (with reg. 20)
F11Words in s. 2A(4) 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, 9(b) (with reg. 20)
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