Family Law Act 1986

• (b) in the case of a legal separation, section 47(2) of this Act shall have effect as if for the words “is effective under the law of that country” there were substituted the words “is effective throughout that country”.

• (4) In the case of a divorce, annulment or legal separation the recognition of the validity of which depends on whether the requirements of subsection (2)(b) of section 46 of this Act are satisfied, that section and section 52(3) and (4) of this Act and, in the case of a legal separation, section 47(2) of this Act shall have effect as if each territory were a separate country.

• (5) Paragraphs (a) and (b) of section 48(2) of this Act shall each have effect as if each territory were a separate country.

Non-recognition of divorce or annulment in another jurisdiction no bar to remarriage.

50

Where, in any part of the United Kingdom—

• (a) a divorce or annulment has been granted by a court of civil jurisdiction, or

• (b) the validity of a divorce or annulment is recognised by virtue of this Part,

the fact that the divorce or annulment would not be recognised elsewhere shall not preclude either party to the marriage from forming a subsequent marriage or civil partnership in that part of the United Kingdom or cause the subsequent marriage or civil partnership of either party (wherever it takes place) to be treated as invalid in that part.

Refusal of recognition.

51

• (1) Subject to section 52 of this Act, recognition of the validity of—

• (a) a divorce, annulment or judicial separation granted by a court of civil jurisdiction in any part of the British Islands, or

• (b) an overseas divorce, annulment or legal separation,

may be refused in any part of the United Kingdom if the divorce, annulment or separation was granted or obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the marriage of the parties previously given (whether before or after the commencement of this Part) by a court of civil jurisdiction in that part of the United Kingdom or by a court elsewhere and recognised or entitled to be recognised in that part of the United Kingdom.

• (2) Subject to section 52 of this Act, recognition of the validity of—

• (a) a divorce or judicial separation granted by a court of civil jurisdiction in any part of the British Islands, or

• (b) an overseas divorce or legal separation,

may be refused in any part of the United Kingdom if the divorce or separation was granted or obtained at a time when, according to the law of that part of the United Kingdom (including its rules of private international law and the provisions of this Part), there was no subsisting marriage between the parties.

• (3) Subject to section 52 of this Act, recognition by virtue of section 45 of this Act of the validity of an overseas divorce, annulment or legal separation may be refused if—

• (a) in the case of a divorce, annulment or legal separation obtained by means of proceedings, it was obtained—

• (i) without such steps having been taken for giving notice of the proceedings to a party to the marriage as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken; or

• (ii) without a party to the marriage having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given; or

• (b) in the case of a divorce, annulment or legal separation obtained otherwise than by means of proceedings—

• (i) there is no official document certifying that the divorce, annulment or legal separation is effective under the law of the country in which it was obtained; or

• (ii) where either party to the marriage was domiciled in another country at the relevant date, there is no official document certifying that the divorce, annulment or legal separation is recognised as valid under the law of that other country; or

• (c) in either case, recognition of the divorce, annulment or legal separation would be manifestly contrary to public policy.

• (4) In this section—

• “official”, in relation to a document certifying that a divorce, annulment or legal separation is effective, or is recognised as valid, under the law of any country, means issued by a person or body appointed or recognised for the purpose under that law;

• “the relevant date” has the same meaning as in section 46 of this Act;

and subsection (5) of that section shall apply for the purposes of this section as it applies for the purposes of that section.

• (5) Nothing in this Part shall be construed as requiring the recognition of any finding of fault made in any proceedings for divorce, annulment or separation or of any maintenance, custody or other ancillary order made in any such proceedings.

Provisions as to divorces, annulments etc. obtained before commencement of Part II.

52

• (1) The provisions of this Part shall apply—

• (a) to a divorce, annulment or judicial separation granted by a court of civil jurisdiction in the British Islands before the date of the commencement of this Part, and

• (b) to an overseas divorce, annulment or legal separation obtained before that date,

as well as to one granted or obtained on or after that date.

• (2) In the case of such a divorce, annulment or separation as is mentioned in subsection (1)(a) or (b) above, the provisions of this Part shall require or, as the case may be, preclude the recognition of its validity in relation to any time before that date as well as in relation to any subsequent time, but those provisions shall not—

• (a) affect any property to which any person became entitled before that date, or

• (b) affect the recognition of the validity of the divorce, annulment or separation if that matter has been decided by any competent court in the British Islands before that date.

• (3) Subsections (1) and (2) above shall apply in relation to any divorce or judicial separation granted by a court of civil jurisdiction in the British Islands before the date of the commencement of this Part whether granted before or after the commencement of section 1 of the Recognition of Divorces and Legal Separations Act 1971.

• (4) The validity of any divorce, annulment or legal separation mentioned in subsection (5) below shall be recognised in the United Kingdom whether or not it is entitled to recognition by virtue of any of the foregoing provisions of this Part.

• (5) The divorces, annulments and legal separations referred to in subsection (4) above are—

• (a) a divorce which was obtained in the British Islands before 1st January 1974 and was recognised as valid under rules of law applicable before that date;

• (b) an overseas divorce which was recognised as valid under the Recognition of Divorces and Legal Separations Act 1971 and was not affected by section 16(2) of the Domicile and Matrimonial Proceedings Act 1973 (proceedings otherwise than in a court of law where both parties resident in United Kingdom);

• (c) a divorce of which the decree was registered under section 1 of the Indian and Colonial Divorce Jurisdiction Act 1926;

• (d) a divorce or annulment which was recognised as valid under section 4 of the Matrimonial Causes (War Marriages) Act 1944; and

• (e) an overseas legal separation which was recognised as valid under the Recognition of Divorces and Legal Separations Act 1971.

Effect of divorces and annulments on wills.

53

In subsection (1) of section 18A of the Wills Act 1837 (effect of a decree of divorce or nullity of marriage on wills)—

• (a) after the word “court” there shall be inserted the words “of civil jurisdiction in England and Wales”; and

• (b) for the words “or declares it void” there shall be substituted the words “or his marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986”.

Interpretation of Part II.

54

• (1) In this Part—

• (2) In this Part “country” includes a colony or other dependent territory of the United Kingdom but for the purposes of this Part a person shall be treated as a national of such a territory only if it has a law of citizenship or nationality separate from that of the United Kingdom and he is a citizen or national of that territory under that law.

Part III — Declarations of Status

Declarations as to marital status.

55

• (1) Subject to the following provisions of this section, any person may apply to the High Court or the family court for one or more of the following declarations in relation to a marriage specified in the application, that is to say—

• (a) a declaration that the marriage was at its inception a valid marriage;

• (b) a declaration that the marriage subsisted on a date specified in the application;

• (c) a declaration that the marriage did not subsist on a date so specified;

• (d) a declaration that the validity of a divorce, annulment or legal separation obtained in any country outside England and Wales in respect of the marriage is entitled to recognition in England and Wales;

• (e) a declaration that the validity of a divorce, annulment or legal separation so obtained in respect of the marriage is not entitled to recognition in England and Wales.

• (2) A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, either of the parties to the marriage to which the application relates-

• (a) is domiciled in England and Wales on the date of the application, or

• (b) has been habitually resident in England and Wales throughout the period of one year ending with that date, or

• (c) died before that date and either—

• (i) was at death domiciled in England and Wales, or

• (ii) had been habitually resident in England and Wales throughout the period of one year ending with the date of death.

• (3) Where an application under subsection (1) above is made to a court by any person other than a party to the marriage to which the application relates, the court shall refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.

Declarations as to legitimacy or legitimation.

56

• (1) Any person may apply to the High Court or the family court for a declaration—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) that he is the legitimate child of his parents.

• (2) Any person may apply to the High Court or the family court for one (or for one or, in the alternative, the other) of the following declarations, that is to say—

• (a) a declaration that he has become a legitimated person;

• (b) a declaration that he has not become a legitimated person.

• (3) A court shall have jurisdiction to entertain an application under this section if, and only if, the applicant—

• (a) is domiciled in England and Wales on the date of the application; or

• (b) has been habitually resident in England and Wales throughout the period of one year ending with that date.

• (4) Where a declaration is made by a courton an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration.

• (5) In this section “legitimated person” means a person legitimated or recognised as legitimated—

• (a) under section 2 , 2A or 3 of the Legitimacy Act 1976;

• (b) under section 1 or 8 of the Legitimacy Act 1926; or

• (c) by a legitimation (whether or not by virtue of the subsequent marriage of his parents) recognised by the law of England and Wales and effected under the law of another country.

Declarations as to adoptions effected overseas.

57

• (1) Any person whose status as an adopted child of any person depends on whether he has been adopted by that person by either—

• (a) a Convention adoption, or an overseas adoption, within the meaning of the Adoption and Children Act 2002, or

• (b) an adoption recognised by the law of England and Wales and effected under the law of any country outside the British Islands,

may apply to the High Court or the family court for one (or for one or, in the alternative, the other) of the declarations mentioned in subsection (2) below.

• (2) The said declarations are—

• (a) a declaration that the applicant is for the purposes of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 the adopted child of that person;

• (b) a declaration that the applicant is not for the purposes of that section the adopted child of that person.

• (3) A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, the applicant—

• (a) is domiciled in England and Wales on the date of the application, or

• (b) has been habitually resident in England and Wales throughout the period of one year ending with that date.

• (4) Until the Adoption Act 1976 comes into force—

• (a) subsection (1) above shall have effect as if for the reference to section 72(2) of that Act there were substituted a reference to section 4(3) of the Adoption Act 1968; and

• (b) subsection (2) above shall have effect as if for the reference to section 39 of that Act there were substituted a reference to Part II of Schedule I to the Children Act 1975.

General provisions as to the making and effect of declarations.

58

• (1) Where on an application to a court for a declaration under this Part the truth of the proposition to be declared is proved to the satisfaction of the court, the court shall make that declaration unless to do so would manifestly be contrary to public policy.

• (2) Any declaration made under this Part shall be binding on Her Majesty and all other persons.

• (3) A court, on the dismissal of an application for a declaration under this Part, shall not have power to make any declaration for which an application has not been made.

• (4) No declaration which may be applied for under this Part may be made otherwise than under this Part by any court.

• (5) No declaration may be made by any court, whether under this Part or otherwise—

• (a) that a marriage was at its inception void;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Nothing in this section shall effect the powers of any court to make a nullity of marriage order.

Provisions relating to the Attorney General.

59

• (1) On an application to a court for a declaration under this Part the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney-General.

• (2) The Attorney-General, whether or not he is sent papers in relation to an application to a court for a declaration under this Part, may—

• (a) intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and

• (b) argue before the court any question in relation to the application which the court considers it necessary to have fully argued.

• (3) Where any costs are incurred by the Attorney-General in connection with any application to a court for a declaration under this Part, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.

Supplementary provisions as to declarations.

60

• (1) Any declaration made under this Part, and any application for such a declaration, shall be in the form prescribed by rules of court.

• (2) Rules of court may make provision—

• (a) as to the information required to be given by any applicant for a declaration under this Part;

• (b) as to the persons who are to be parties to proceedings on an application under this Part;

• (c) requiring notice of an application under this Part to be served on the Attorney-General and on persons who may be affected by any declaration applied for.

• (3) No proceedings under this Part shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.

• (4) The court hearing an application under this Part may direct that the whole or any part of the proceedings shall be heard in camera, and an application for a direction under this subsection shall be heard in camera unless the court otherwise directs.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of right to petition for jactitation of marriage.

61

No person shall after the commencement of this Part be entitled to petition the High Court or a county court for jactitation of marriage.

Repeal of Greek Marriages Act 1884.

62

• (1) The Greek Marriages Act 1884 shall cease to have effect.

• (2) Any marriage in respect of which a declaration that it was a valid marriage could before the commencement of this Part have been made under the Greek Marriages Act 1884 is hereby declared to have been a valid marriage; but nothing in this subsection shall affect any status or right which would not have been affected by a declaration under that Act.

Interpretation of Part III.

63

PART IV — Miscellaneous and General

Family proceedings rules.

64

Amendments of Child Abduction Act 1984.

65

In section 1(2)(b), (3)(a) and (5) of the Child Abduction Act 1984 (offence of abduction of child by parent etc.), for the words “a court in England and Wales” there shall be substituted the words “a court in the United Kingdom”.

Amendments of Child Abduction (Northern Ireland) Order 1985.

66

Amendments of Child Abduction and Custody Act 1985.

67

• (1) The Child Abduction and Custody Act 1985 shall be amended as follows.

• (2) In section 20 (suspension of court’s powers), after subsection (2) there shall be inserted the following subsection—

(2A) Where it appears to the Secretary of State— (a) that an application has been made for the registration of a decision in respect of a child under section 16 above (other than a decision mentioned in subsection (3) below); or (b) that such a decision is registered, the Secretary of State shall not make, vary or revoke any custody order in respect of the child unless, in the case of an application for registration, the application is refused.

• (3) In subsection (3) of that section, after the words “subsection (1)” there shall be inserted the words “or (2A)”.

• (4) Immediately before section 25 there shall be inserted the following section—

(24A) (1) Where— (a) in proceedings for the return of a child under Part I of this Act; or (b) on an application for the recognition, registration or enforcement of a decision in respect of a child under Part II of this Act, there is not available to the court adequate information as to where the child is, the court may order any person who it has reason to believe may have relevant information to disclose it to the court. (2) A person shall not be excused from complying with an order under subsection (1) above by reason that to do so may incriminate him or his spouse of an offence; but a statement or admission made in compliance with such an order shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.

• (5) In section 27(1) (interpretation), in the definition of “custody proceedings” for the words from “made” onwards there shall be substituted the words “made, varied or revoked”.

Minor and consequential amendments, repeals and savings.

68

• (1) The enactments and orders mentioned in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the provisions of this Act.

• (2) The enactments mentioned in Schedule 2 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

• (3) Nothing in this Act shall affect—

• (a) any proceedings under section 45 of the Matrimonial Causes Act 1973 begun before the date of the commencement of Part III of this Act;

• (b) any proceedings for jactitation of marriage begun before that date; or

• (c) any proceedings for a declaration begun in the High Court before that date by virtue of rules of court relating to declaratory judgments.

• (4) The repeal of section 2 of the Legitimacy Declaration Act (Ireland) 1868 shall not affect any proceedings under that section begun before the commencement of that repeal.

Short title, commencement and extent.

69

• (1) This Act may be cited as the Family Law Act 1986.

• (2) Sections 64 to 67 of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) Subject to subsection (2) above, this Act shall come into force on such day as the relevant Minister or Ministers may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.

• (4) In subsection (3) above “the relevant Minister or Ministers” means—

• (a) in the case of an order which appoints a day only for Part III of this Act and its associated amendments and repeals, the Lord Chancellor;

• (b) in any other case, the Lord Chancellor and the Lord Advocate.

• (5) The following provisions of this Act, namely—

• Chapter II of Part I;

• section 53;

• Part III;

• sections 64 and 65;

• section 68 (3); and

• paragraphs 9 to 17, 19 and 23 to 27 of Schedule 1 and section 68(1) so far as relating to those paragraphs,

extend to England and Wales only.

• (6) The following provisions of this Act, namely—

• Chapter III of Part I;

• section 26; and

• paragraphs 1, 3 to 8, 18, 21 and 22 of Schedule 1 and section 68(1) so far as relating to those paragraphs,

extend to Scotland only; and sections 34 and 38 of this Act do not extend to Scotland.

• (7) The following provisions of this Act, namely—

• Chapter IV of Part I;

• . . .

• section 68(4); and

• paragraphs 2 and 32 to 34 of Schedule 1 and section 68(1) so far as relating to those paragraphs,

extend to Northern Ireland only; and paragraph 20 of Schedule 1 to this Act and section 68(1) of this Act so far as relating to that paragraph do not extend to Northern Ireland.

SCHEDULE 1

The Conjugal Rights (Scotland) Amendment Act 1861 (c. 86).

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Guardianship of Infants Act 1886 (c. 27).

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sheriff Courts (Scotland) Act 1907 (c. 51).

3

In section 6 of the Sheriff Courts (Scotland) Act 1907, after the words “Act 1973” there shall be inserted the words “and Chapter III of Part I of the Family Law Act 1986”.

The Matrimonial Proceedings (Children) Act 1958 (c. 40).

4

In section 8(1) of the Matrimonial Proceedings (Children) Act 1958—

• (a) for the words from “custody” to “jurisdiction” there shall be substituted the words “custody the court has power”;

• (b) at the end there shall be added the words “ In this subsection “child” does not include a child with respect to whom the court has made an order under section 13(6) or 14(2) of the Family Law Act 1986 ”.

5

In section 9(1) of the said Act of 1958, for the words from “either forthwith” to “granted therein” there shall be substituted the words “, subject to section 13(2) of the Family Law Act 1986.”

6

In section 10(1) of the said Act of 1958, for the words from “custody” to “jurisdiction” there shall be substituted the words “custody the court has power”.

7

In section 11(1) of that Act, for the words from “custody” to “jurisdiction” there shall be substituted the words “custody the court has power”.

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19).

8

In section 8(6) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966, in the definition of “sheriff”—

• (a) after the word “means” there shall be inserted the words—

(a) in relation to an order under subsection (1)(a), (b) or (c) above or an order varying any such order

;

• (b) at the end there shall be added the words—

(b) in relation to an order mentioned in subsection (1)(d) above or an order varying any such order, the sheriff having jurisdiction under section 9, 10 or 12 of the Family Law Act 1986.

The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63).

9

In section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (restriction of publicity for certain proceedings)—

• (a) in subsection (1) paragraph (a) shall cease to have effect and there shall be inserted at the end the following paragraph—

(d) proceedings under Part III of the Family Law Act 1986

;

• (b) in subsection (3) for the words “subsection (1)(a)” there shall be substituted the words “subsection (1)(d)”.

The Guardianship of Minors Act 1971 (c. 3).

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

In section 17 of that Act subsection (2) shall cease to have effect.

The Matrimonial Causes Act 1973 (c. 18).

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In section 47 of that Act (declarations in respect of polygamous marriages), for subsection (3) there shall be substituted the following subsection—

(3) In this section “a declaration concerning the validity of a marriage” means any declaration under Part III of the Family Law Act 1986 involving a determination as to the validity of a marriage

.

15

In section 50 of that Act (matrimonial causes rules)—

• (a) in subsection (1) at the end of paragraph (a) there shall be inserted the words “and Part III of the Family Law Act 1986”;

• (b) in subsection (2) in paragraph (a) for the words “38 or 45 above” there shall be substituted the words “or 38”, in paragraph (b) the words “proceedings in a county court under section 45 above or to” shall cease to have effect and in paragraph (c) the words “or to any aspect of section 47 above which is excepted by paragraph (b) above” shall cease to have effect.

The Guardianship Act 1973 (c. 29).

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

In section 10(3) of that Act, for the words from “any sheriff” to “1886” there shall be substituted the words “the sheriff court”.

The Children Act 1975 (c. 72).

19

In section 33(1) of the Children Act 1975 the words “if the child is in England or Wales at the time the application is made” shall cease to have effect.

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage (Scotland) Act 1977 (c. 15).

21

In proviso (ii) to section 3(5) of the Marriage (Scotland) Act 1977 (certificate as to capacity to marry)—

• (a) after the word “above” there shall be inserted the word “(a)”; and

• (b) at the end there shall be added the words “or (b) if no such certificate has been issued only by reason of the fact that the validity of a divorce or annulment granted by a court of civil jurisdiction in Scotland or entitled to recognition in Scotland under section 44 or 45 of the Family Law Act 1986 is not recognised in the state in which the certificate would otherwise have been issued.”

22

In section 26(2) of the said Act of 1977 there shall be inserted in the appropriate alphabetical position the following definition—

The Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Supreme Court Act 1981 (c. 54).

25

In section 26(b) of the Senior Courts Act 1981 the words “or jactitation of marriage” shall cease to have effect.

26

In paragraph 3 of Schedule 1 to that Act (business assigned to Family Division of the High Court) there shall be added at the end the following sub-paragraph—

(e) applications under Part III of the Family Law Act 1986.

The Matrimonial and Family Proceedings Act 1984 (c. 42).

27

In section 32 of the Matrimonial and Family Proceedings Act 1984 (what is family business), in the definition of “matrimonial cause” for the words “judicial separation or jactitation of marriage” there shall be substituted the words “or judicial separation”.

The Child Abduction and Custody Act 1985 (c. 60).

28

In section 9 of the Child Abduction and Custody Act 1985 (suspension of court’s powers in cases of wrongful removal), after paragraph (a) there shall be inserted the following paragraph—

(aa) enforcing under section 29 of the Family Law Act 1986 a custody order within the meaning of Chapter V of Part I of that Act;

.

29

In section 20(2) of the said Act of 1985 (suspension of court’s powers), after paragraph (a) there shall be inserted the following paragraph—

(aa) in the case of proceedings under section 29 of the Family Law Act 1986 for the enforcement of a custody order within the meaning of Chapter V of Part I of that Act, enforce that order;

.

30

In section 27(1) of the said Act of 1985 (interpretation), in the definition of “custody order” after the word “means” there shall be inserted the words “(unless the contrary intention appears)”.

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ORDERS

The Matrimonial Causes (Northern Ireland) Order 1978 S.I. 1978/1045 (N.I. 15).

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Domestic Proceedings (Northern Ireland) Order 1980 S.I. 1980/563 (N.I. 5).

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

In Article 32(1) of that Order, for the words “Without prejudice” there shall be substituted the words “Subject to section 19 of the Family Law Act 1986 and without prejudice”.

SCHEDULE 2

Jurisdiction: general.

2A

• (1) The condition referred to in section 2(1) of this Act is that the ... proceedings are proceedings in respect of the marriage or civil partnership of the parents of the child concerned and—

• (a) the proceedings—

• (i) are proceedings for divorce or nullity of marriage , or dissolution or annulment of a civil partnership, and

• (ii) are continuing;

• (b) the proceedings—

• (i) are proceedings for judicial separation or legal separation of civil partners,

• (ii) are continuing,

and the jurisdiction of the court is not excluded by subsection (2) below; or

• (c) the proceedings have been dismissed after the beginning of the trial but—

• (i) the section 1(1)(a) order is being made forthwith, or

• (ii) the application for the order was made on or before the dismissal.

• (2) For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if—

• (a) after the grant of a decree of judicial separation or the making of a judicial separation order, on the relevant date, proceedings for divorce or nullity in respect of the marriage, or

• (b) after the making of a separation order, on the relevant date, proceedings for dissolution or annulment in respect of the civil partnership,

are continuing in Scotland or Northern Ireland.

• (3) Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made—

• (a) an order under section 13(6) or 19A(4) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or

• (b) an order under section 14(2) or 22(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in England and Wales with respect to the child concerned.

• (4) Where a court—

• (a) has jurisdiction to make a section 1(1)(a) order by virtue of section 2(1)(b)(i) of this Act, but

• (b) considers that it would be more appropriate for Part I matters relating to the child to be determined outside England and Wales,

the court may by order direct that, while the order under this subsection is in force, no section 1(1)(a) order shall be made by any court by virtue of section 2(1)(b)(i) of this Act.

19A

• (1) The condition referred to in section 19(1) of this Act is that the ... proceedings are proceedings in respect of the marriage or civil partnership of the parents of the child concerned and—

• (a) the proceedings—

• (i) are proceedings for divorce or nullity of marriage , or dissolution or annulment of a civil partnership, and

• (ii) are continuing;

• (b) the proceedings—

• (i) are proceedings for judicial separation or legal separation of civil partners,

• (ii) are continuing,

and the jurisdiction of the court is not excluded by subsection (2) below; or

• (c) the proceedings have been dismissed after the beginning of the trial but—

• (i) the section 1(1)(c) order is being made forthwith, or

• (ii) the application for the order was made on or before the dismissal.

For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if, after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage are continuing in England and Wales or Scotland.

• (2) For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if—

• (a) after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage, or

• (b) after the making of a separation order, on the relevant date, proceedings for dissolution or annulment in respect of the civil partnership,

are continuing in England and Wales or Scotland.

• (3) Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made—

• (a) an order under section 2A(4) or 13(6) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or

• (b) an order under section 5(2) or 14(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in Northern Ireland with respect to the child concerned.

• (4) Where a court—

• (a) has jurisdiction to make a section 1(1)(c) order by virtue of section 19(1)(b)(i) of this Act , but

• (b) considers that it would be more appropriate for Part I matters relating to the child to be determined outside Northern Ireland,

the court may by order direct that, while the order under this subsection is in force, no section 1(1)(c) order shall be made by any court by virtue of section 19(1)(b)(i) of this Act .

55A

• (1) Subject to the following provisions of this section, any person may apply to the High Court or the family court for a declaration as to whether or not a person named in the application is or was the parent of another person so named.

• (2) A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, either of the persons named in it for the purposes of that subsection—

• (a) is domiciled in England and Wales on the date of the application, or

• (b) has been habitually resident in England and Wales throughout the period of one year ending with that date, or

• (c) died before that date and either—

• (i) was at death domiciled in England and Wales, or

• (ii) had been habitually resident in England and Wales throughout the period of one year ending with the date of death.

• (3) Except in a case falling within subsection (4) below, the court shall refuse to hear an application under subsection (1) above unless it considers that the applicant has a sufficient personal interest in the determination of the application (but this is subject to section 27 of the Child Support Act 1991).

• (4) The excepted cases are where the declaration sought is as to whether or not—

• (a) the applicant is the parent of a named person;

• (b) a named person is the parent of the applicant; or

• (c) a named person is the other parent of a named child of the applicant.

• (5) Where an application under subsection (1) above is made and one of the persons named in it for the purposes of that subsection is a child, the court may refuse to hear the application if it considers that the determination of the application would not be in the best interests of the child.

• (6) Where a court refuses to hear an application under subsection (1) above it may order that the applicant may not apply again for the same declaration without leave of the court.

• (7) Where a declaration is made by a court on an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration.

Part IV — Miscellaneous and General

Part IV — Miscellaneous and General

ACTS

The Guardianship of Infants Act 1886 (c. 27)

The Sheriff Courts (Scotland) Act 1907 (c. 51)

The Matrimonial Proceedings (Children) Act 1958 (c. 40)

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)

The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

The Guardianship of Minors Act 1971 (c. 3)

The Matrimonial Causes Act 1973 (c. 18)

The Guardianship Act 1973 (c. 29)

The Children Act 1975 (c. 72)

The Marriage (Scotland) Act 1977 (c. 15)

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

The Senior Courts Act 1981 (c. 54)

The Matrimonial and Family Proceedings Act 1984 (c. 42)

The Child Abduction and Custody Act 1985 (c. 60)

ORDERS

The Matrimonial Causes (Northern Ireland) Order 1978 S.I. 1978/1045 (N.I. 15)

The Domestic Proceedings (Northern Ireland) Order 1980 S.I. 1980/563 (N.I. 5)

Editorial notes