C1Part I Child Custody
Chapter VI Miscellaneous and Supplemental
42 General interpretation of Part I.
1
In this Part—
“certified copy”, in relation to an order of any court, means a copy certified by the prescribed officer of the court to be a true copy of the order or of the official record of the order;
F1“parental responsibilities” and “parental rights” have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995;
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
“prescribed” means prescribed by rules of court or act of sederunt.
2
For the purposes of this Part proceedings in England and Wales or in Northern Ireland for divorce, nullity or judicial separation in respect of the marriage of the parents of a child shall, unless they have been dismissed, be treated as continuing until the child concerned attains the age of eighteen (whether or not a decree has been granted and whether or not, in the case of a decree of divorce or nullity of marriage, that decree has been made absolute).
3
For the purposes of this Part, matrimonial proceedings in a court in Scotland which has jurisdiction in those proceedings to make a F2Part I order with respect to a child shall, unless they have been dismissed or decree of absolvitor has been granted therein, be treated as continuing until the child concerned attains the age of sixteen.
4
Any reference in this Part to proceedings in respect of the marriage of the parents of a child shall, in relation to a child who, although not a child of both parties to the marriage, is a child of the family of those parties, be construed as a reference to proceedings in respect of that marriage; and for this purpose “child of the family”—
a
if the proceedings are in England and Wales, means any child who has been treated by both parties as a child of their family, except a child who F3is placed with those parties as foster parents by a local authority or a voluntary organisation;
b
if the proceedings are in Scotland, means any child F4who has been treated by both parties as a child of their family, except a child who has been placed with those parties as foster parents by a local authority or a voluntary organisation;
c
if the proceedings are in Northern Ireland, means any child who has been treated by both parties as a child of their family, except a child who has been boarded out with those parties by or on behalf of the Department of Health and Social Services or a voluntary organisation.
5
References in this Part to custody orders include (except where the context otherwise requires) references to custody orders as varied.
6
For the purposes of this Part each of the following orders shall be treated as varying the F2Part I order to which it relates—
a
c
an order under F6 . . . Article 45(7) of that Order, and
and for the purposes of Chapter V of this Part and this Chapter, this subsection shall have effect as if any reference to any enactment included a reference to any corresponding enactment previously in force.
F77
In this Part—
a
references to Part I proceedings in respect of a child are references to any proceedings for a Part I order or an order corresponding to a Part I order and include, in relation to proceedings outside the United Kingdom, references to proceedings before a tribunal or other authority having power under the law having effect there to determine Part I matters; and
b
references to Part I matters are references to matters that might be determined by a Part I order or an order corresponding to a Part I order.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.