Family Law Act 1986

32 Interpretation of Chapter V.

(1) In this Chapter—

• “the appropriate court”, in relation to England and Wales or Northern Ireland, means the High Court and, in relation to Scotland, means the Court of Session;

• “custody order” includes (except where the context otherwise requires) any order within section 1(3) of this Act which, on the assumptions mentioned in subsection (3) below—

  (a)

  could have been made notwithstanding the provisions of this Part;

  (b)

  would have been a custody order for the purposes of this Part; and

  (c)

  would not have ceased to have effect by virtue of section 6, 15 or 23 of this Act.

(2) In the application of this Chapter to Scotland,“custody order” also includes (except where the context otherwise requires) any order within section 1(3) of this Act which, on the assumptions mentioned in subsection (3) below—

(a) would have been a custody order for the purposes of this Part; and

(b) would not have ceased to have effect by virtue of section 6 or 23 of this Act,

and which, but for the provisions of this Part, would be recognised in Scotland under any rule of law.

(3) The said assumptions are—

(a) that this Part had been in force at all material times; and

(b) that any reference in section 1 of this Act to any enactment included a reference to any corresponding enactment previously in force.