SCHEDULE Amendment of primary and secondary legislation
PART 1Amendment of primary legislation
Amendment of the Children Act 1989
17.
(1)
Schedule 1 (financial provision for children) to the Children Act 1989 M1 is amended as follows.
F1(2)
In paragraph 10 (alteration of maintenance agreements)—
(a)
in sub-paragraph (2A), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
(b)
in sub-paragraph (2B), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
F2(2A)
In the italic heading before paragraph 14, omit “in relation to matters relating to maintenance”.
(3)
F3“14.
(1)
The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or domiciled in England and Wales on the date of the application—
(a)
a parent of the child;
(b)
a guardian or special guardian of the child;
(c)
a person who is named in a child arrangements order as a person with whom the child is to live;
(d)
the child.
(2)
The court has jurisdiction in relation to an application under paragraph 2 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in England and Wales on the date of the application.”.