Family Law Act 1996

The Children Act 1989 (c. 41)

41 (1) The Children Act 1989 is amended as follows.

(2) In section 6(3A) (revocation or appointment of guardian) for paragraph (a) substitute—

“(a) a court of civil jurisdiction in England and Wales by order dissolves, or by decree annuls, a marriage, or”.

(3) In section 8(3) after “means” insert “(subject to subsection (5))”.

(4) In section 8, insert after subsection (4)—

“(5) For the purposes of any reference in this Act to family proceedings, powers which under this Act are exercisable in family proceedings shall also be exercisable in relation to a child, without any such proceedings having been commenced or any application having been made to the court under this Act, if—

(a) a statement of marital breakdown under section 5 of the Family Law Act 1996 with respect to the marriage in relation to which that child is a child of the family has been received by the court; and

(b) it may, in due course, become possible for an application for a divorce order or for a separation order to be made by reference to that statement.”