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.