Family Law Act 1986 (c. 55)

Part I U.K. Child Custody

Modifications etc. (not altering text)

C1 Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.

Chapter II E+W Jurisdiction of Courts in England and Wales

[F1 2A Jurisdiction in or in connection with matrimonial proceedings [F2 or 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 [F4 or 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 [F6 or 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 [F8 or 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 [F9 19A(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 [F10 by 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 [F11 by virtue of section 2(1)(b)(i) of this Act].]

Textual Amendments

F1 S. 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)

F2 Words 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))

F3 Word 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))

F4 Words 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))

F5 Words 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))

F6 Words 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))

F7 S. 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))

F8 Words 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

F9 Words in s. 2A(3)(a) substituted (4.11.1996) by S.I. 1995/756, art. 12(5); S.R. 1996/297, para. 3

F10 Words 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)

F11 Words 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)