Family Law Act 1986

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;

• “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 custody 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 has been boarded out with those parties by a local authority or a voluntary organisation;

(b) if the proceedings are in Scotland, means any child of one of the parties who has been accepted as one of the family by the other party;

(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 custody order to which it relates—

(a) an order which provides for a person to be given access to a child who is the subject of a custody order, or which makes provision for the education of such a child,

(b) an order under section 42(6) of the [1973 c. 18.] Matrimonial Causes Act 1973 or Article 45(6) of the [S.I. 1978/1045 (N.I. 15).] Matrimonial Causes (Northern Ireland) Order 1978,

(c) an order under section 42(7) of that Act or Article 45(7) of that Order, and

(d) an order under section 19(6) of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978 or Article 20(6) of the [S.I. 1980/563 (N.I. 5).] Domestic Proceedings (Northern Ireland) Order 1980;

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.

(7) References in this Part to proceedings in respect of the custody of a child 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 questions relating to the custody of children.