Family Law Reform Act 1987
Part I General Principle
1 General principle.
Part II Rights and Duties of Parents etc.
Parental rights and duties: general
2 Construction of enactments relating to parental rights and duties.
3 Agreements as to exercise of parental rights and duties.
Parental rights and duties where parents not married
4 Parental rights and duties of father.
5 Exercise of parental rights and duties.
6 Appointment of guardians.
7 Rights with respect to adoption.
8 Rights where child in care etc.
9 Consent to marriages.
. . .
10 Orders for custody on application of either parent.
11 Orders for custody in guardianship cases.
. . .
12 Orders for financial relief on application of either parent.
13 Orders for financial relief in guardianship cases.
14 Orders for financial relief for persons over eighteen.
. . .
15 Alteration during lives of parties.
16 Alteration after death of one party.
Supplemental
17 Abolition of affiliation proceedings.
Part III Property Rights
18 Succession on intestacy.
19 Dispositions of property.
20 No special protection for trustees and personal representatives.
21 Entitlement to grant of probate etc.
Part IV Determination of Relationships
22 Declarations of parentage.
23 Provisions as to scientific tests.
Part V Registration of Births
24 Registration of father where parents not married.
25 Re-registration where parents not married.
26 Re-registration after declaration of parentage.
Part VI Miscellaneous and Supplemental
Miscellaneous
27 Artificial insemination.
28 Children of void marriages.
29 Evidence of paternity in civil proceedings.
Supplemental
30 Orders applying section 1 to other enactments.
31 Interpretation.
32Text of 1971 Act as amended.
33 Amendments, transitional provisions, savings and repeals.
34 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 TEXT OF 1971 ACT AS AMENDED
ARRANGEMENT OF SECTIONS
General principles
1Principle on which questions relating to custody, upbringing etc. of...
Appointment, removal and powers of guardians
3Rights of surviving parent as to guardianship.
4Power of father and mother to appoint testamentary guardians.
5Power of court to appoint guardian for child having no...
6Power of High Court to remove or replace guardian.
7Disputes between joint guardians.
Orders for custody and financial relief
9Orders for custody on application of either parent.
10Orders for custody in guardianship cases.
11AFurther provisions relating to orders for custody.
11BOrders for financial relief on application of either parent.
11COrders for financial relief in guardianship cases.
11DOrders for financial relief for persons over eighteen.
12Duration of orders for periodical payments.
12AMatters to which court is to have regard in making...
12BProvisions relating to lump sums.
12CVariation etc. of orders for periodical payments.
12DVariation of orders for secured periodical payments after death of...
13Enforcement of orders for custody and maintenance.
13ARestriction on removal of child from England and Wales.
13BDirection for settlement of instrument by conveyancing counsel.
Access to children by grandparents
14AAccess to children by grandparents.
Jurisdiction and procedure
15Courts having jurisdiction under this Act.
15AFinancial provision for child resident in country outside England and...
16Appeals and procedure.
17Saving for powers of High Court and other courts.
Supplementary
20Short title, interpretation, extent and commencement. An Act to consolidate...
(Formal enacting words)
General principles
1 Principle on which questions relating to custody, upbringing etc. of children are to be decided.
Appointment, removal and powers of guardians
3 Rights of surviving parent as to guardianship.
4 Power of father and mother to appoint testamentary guardians.
5 Power of court to appoint guardian for child having no parent etc.
6 Power of High Court to remove or replace guardian.
7 Disputes between joint guardians.
Orders for custody and financial relief
9 Orders for custody on application of either parent.
10 Orders for custody in guardianship cases.
11A Further provisions relating to orders for custody.
11B Orders for financial relief on application of either parent.
11C Orders for financial relief in guardianship cases.
11D Orders for financial relief for persons over eighteen.
12 Duration of orders for periodical payments.
12A Matters to which court is to have regard in making orders for financial relief.
12B Provisions relating to lump sums.
12C Variation etc, of orders for periodical payments.
12D Variation of order for secured periodical payments after death of parent.
13 Enforcement of orders for custody and maintenance.
13A Restriction on removal of child from England and Wales.
13B Direction for settlement of instrument by conveyancing counsel.
Access to children by grandparents
14A Access to children by grandparents.
Jurisdiction and Procedure
15 Courts having jurisdiction under this Act.
15A Financial provision for child resident in country outside England and Wales.
17 Saving for powers of High Court and other courts.
Supplementary
20 Short title, interpretation and extent.
SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS
The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33)
1In Section 6(2) of the Maintenance Orders (Facilities for Enforcement)...
The Trustee Act 1925 (c.19)
2At the end of section 33 of the Trustee Act...
The Administration of Estates Act 1925 (c.23)
3At the end of section 50 of the Administration of...
4At the end of section 52 of that Act there...
The National Assistance Act 1948 (c.29)
5In section 42 of the National Assistance Act 1948 (liability...
6In section 43 of that Act (recovery of cost of...
7Section 44 of that Act (affiliation orders) shall cease to...
8In section 56(1) of that Act (legal proceedings), after the...
The Marriage Act 1949 (c.76)
9In the Marriage Act 1949 for the words “an infant”,...
10In section 78 of that Act— (a) in subsection (1)...
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Maintenance Orders Act 1950 (c. 37)
12In section 16(2)(a) of the Maintenance Orders Act 1950—
13In section 18 of that Act for subsection (2) there...
. . .
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Births and Deaths Registration Act 1953 (c. 20)
15In section 9(4) of the 1953 Act for “(b) or...
16In the proviso to section 14(1) of that Act—
17In section 34(2) of that Act for the words “required...
The Maintenance Orders Act 1958 (c. 39)
18In section 3 of the Maintenance Orders Act 1958 for...
The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
19In section 2 of the Domestic and Appellate Proceedings (Restriction...
The Family Law Reform Act 1969 (c. 46)
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21In section 20(6) of that Act, for the words “blood...
22In section 21 of that Act, for the words “blood...
23(1) Section 22(1) of that Act shall be amended as...
24In section 23 of that Act— (a) in subsection (2),...
25In section 24 of that Act, for the words “blood...
The Children and Young Persons Act 1969 (c.54)
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Administration of Justice Act 1970 (c.31)
27In Schedule 8 to the Administration of Justice Act 1970—...
The Guardianship of Minors Act 1971 (c.3)
28Without prejudice to any other amendment of the 1971 Act...
29In section 5(2) of that Act for the words from...
30In section 11A of that Act for the words “section...
31(1) Section 12 of that Act shall be amended as...
32In section 12A of that Act for the words “section...
33(1) Section 12B of that Act shall be amended as...
34(1) Section 12C of that Act shall be amended as...
35After that section there shall be inserted the following section—...
36In section 13 of that Act for subsection (3) there...
37In section 13A(1) of that Act, for the words “section...
38After that section there shall be inserted the following section—...
39Section 14 of that Act and the heading preceding that...
40(1) Section 14A of that Act shall be amended as...
41(1) Section 15A of that Act shall be amended as...
42In section 16(8) of that Act for the words “section...
43In section 20 of that Act for subsection (2) there...
The Attachment of Earnings Act 1971 (c.32)
44In Schedule 1 to the Attachment of Earnings Act 1971—...
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)
45In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act...
46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47In section 28 of that Act after “19(1)(ii)” there shall...
48In section 28A(3) of that Act, in paragraph (e) after...
49(1) Section 30 of that Act shall be amended as...
50In section 33 of that Act, for subsection (3) there...
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Matrimonial Causes Act 1973 (c.18)
52In section 27 of the Matrimonial Causes Act 1973 for...
The Guardianship Act 1973 (c.29)
53Without prejudice to any other amendment of Part I of...
54(1) Section 2 of that Act shall be amended as...
55In section 4 of that Act— (a) in subsection (3)...
56(1) Section 5 of that Act shall be amended as...
57In section 5A of that Act for subsections (1) and...
58Before section 9 of that Act there shall be inserted...
The Social Security Act 1975 (c.14)
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Children Act 1975 (c.72)
60In section 33 of the Children Act 1975, after subsection...
61(1) Section 34 of that Act shall be amended as...
62In section 35 of that Act, for subsection (10) there...
63In section 36 of that Act, subsection (5A) shall cease...
64In section 37(3) of that Act, for the words “section...
65In section 43 of that Act, for subsection (3) there...
66Section 45 of that Act (affiliation order on application of...
. . .
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)
69After section 20 of the Domestic Proceedings and Magistrates’ Courts...
70In section 32 of that Act, for subsection (1) there...
71In section 88(1) of that Act, after the definition of...
72In Schedule 1 to that Act— (a) after paragraph 3...
The Interpretation Act 1978 (c.30)
73At the end of Schedule 1 to the Interpretation Act...
74In paragraph 4 of Schedule 2 to that Act, the...
The Child Care Act 1980 (c.5)
75In section 47 of that Act, for subsection (4) there...
76Sections 49 and 50 of that Act (affiliation orders) shall...
77In section 55 of that Act— (a) subsection (3) shall...
78In section 86 of that Act for paragraphs (a) and...
79(1) Section 87 of that Act shall be amended as...
The Magistrates’ Courts Act 1980 (c.43)
80In section 58(2)(a) of the Magistrates’ Courts Act 1980, for...
81In section 64 of that Act, for subsection (4) there...
82In section 65(1) of that Act, after paragraph (1) there...
83In section 80(1) of that Act, for the words “an...
84In section 93(1) of that Act, for the words “an...
85In section 94 of that Act, for the words “an...
86In section 95 of that Act, for the words “an...
87In section 100 of that Act, for paragraph (b) there...
88In section 150(1) of that Act— (a) the definition of...
The Civil Jurisdiction and Judgments Act 1982 (c.27)
89(1) Section 5 of the Civil Jurisdiction and Judgments Act...
The Child Abduction and Custody Act 1985 (c.60)
90In Schedule 3 to the Child Abduction and Custody Act...
The Social Security Act 1986 (c.50)
91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Family Law Act 1986 (c.55)
94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96At the end of section 60(2)(c) of that Act (supplementary...
SCHEDULE 3 Transitional Provisions and Savings
Applications pending under amended or repealed enactments
1This Act (including the repeals and amendments made by it)...
References to provisions of Adoption Act 1976
2In relation to any time before the coming into force...
3In relation to any time before the coming into force...
4In relation to any time before the coming into force...
5In relation to any time before the coming into force...
Affiliation orders
6(1) Neither section 17 of this Act nor any associated...
7Where— (a) an application is made to the High Court...
Property rights
8The repeal by this Act of section 14 of the...
9The repeal by this Act of section 15 of the...
10The repeal by this Act of section 17 of the...
. . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4 Repeals

Royal arms

Family Law Reform Act 1987

1987 CHAPTER 42

An Act to reform the law relating to the consequences of birth outside marriage; to make further provision with respect to the rights and duties of parents and the determination of parentage; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—