Children and Adoption Act 2006

Domicile and Matrimonial Proceedings Act 1973 (c. 45)

1 (1) In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (staying of matrimonial proceedings: England and Wales), paragraph 11 (effect of staying matrimonial proceedings on court’s power to make certain orders) is amended as follows.

(2) After sub-paragraph (4) insert—

“(4A) Sub-paragraph (4B) applies where—

(a) proceedings are stayed as described in sub-paragraph (1) or (4), and

(b) at the time when the stay is imposed, a contact order (within the meaning of the Children Act 1989) made in connection with the stayed proceedings is in force.

(4B) While the stay applies to the proceedings, the court may not—

(a) make an enforcement order (within the meaning of the Children Act 1989) in relation to the contact order, or

(b) as regards an enforcement order already made in relation to the contact order, exercise its powers under paragraph 9(2) of Schedule A1 to the Children Act 1989 in relation to the enforcement order.”

(3) In sub-paragraph (5) (certain powers of court not affected) at the beginning insert “Except as provided in sub-paragraph (4B),”.