C1 Part I Child Custody
Chapter II Jurisdiction of Courts in England and Wales
3 Habitual residence or presence of child.
1
The condition referred to in F5section 2(1)(b)(ii) of this Act is that on the relevant date the child concerned—
a
is habitually resident in England and Wales, or
b
is present in England and Wales 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 of the court is excluded if, on the relevant date, F1matrimonial proceedingsF6or civil partnership proceedings are continuing in a court in Scotland or Northern Ireland in respect of the marriage F7or civil partnership 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 13(6) or F219A(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 made for the purpose of enabling F3Part I proceedings with respect to the child concerned to be taken in England and Wales,
and that order is in force.
F44
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Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.