Amendments to the Family Law Act 1986416
1
Amend section 23 (duration and variation of custody orders) as follows.
2
In subsection (3)—
a
after “matrimonial proceedings” insert “or civil partnership proceedings”; and
b
after “marriage” insert “or civil partnership”.
3
For subsections (3A) and (3B) substitute—
3A
Subsection (3) shall not apply if—
a
the Part 1 order was made in or in connection with proceedings—
i
for divorce or nullity in Northern Ireland in respect of the marriage of the parents of the child concerned; or
ii
for dissolution or annulment in Northern Ireland in respect of the civil partnership of the parents of the child concerned; and
b
those proceedings are continuing.
3B
Subsection (3) shall not apply if—
a
the Part 1 order was made in or in connection with proceedings—
i
for judicial separation in Northern Ireland; or
ii
for a separation order in Northern Ireland; and
b
those proceedings are continuing; and
c
as the case may be, the decree of judicial separation has not yet been granted or the separation order has not yet been made.