Family Law Act 1986 (Version in vigour from 2022-04-06 to )

Consolidated Text

As Enacted

Cited authorities 135

Cited in

Currency	No known outstanding effects
Coming into Force	06 April 2022

Contenidos

Family Law Act 1986
Part I: Child Custody

1: Orders to which Part I applies.

1: Orders to which Part I applies.

2: Jurisdiction: general.

2A: Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .

3: Habitual residence or presence of child.

4: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5: Power of court to refuse application or stay proceedings.

6: Duration and variation of custody orders.

7: Interpretation of Chapter II.: In this Chapter—

8: Jurisdiction in independent proceedings.
9: Habitual residence.: Subject to section 11 of this Act, an application for a Part I order otherwise than in matrimonial or civil partnership proceedings may be entertained by—

10: Presence of child.: Subject to section 11 of this Act, an application for a Part I order otherwise than in matrimonial or civil partnership proceedings may be entertained by—

11: Provisions supplementary to sections 9 and 10.

12: Emergency jurisdiction.: Notwithstanding that any other court, whether within or outside Scotland, has jurisdiction to entertain an application for a Part I order, the Court of Session or the sheriff shall have jurisdiction to entertain such an application if—

13: Jurisdiction ancillary to matrimonial proceedings.

14: Power of court to refuse application or sist proceedings.

15: Duration, variation and recall of orders.

16: Tutory and curatory.

17: Orders for delivery of child.

17A
18: Interpretation of Chapter III.

19: Jurisdiction: general.

19A: Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .

20: Habitual residence or presence of child.

21: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22: Power of court to refuse application or stay proceedings.

23: Duration and variation of custody orders.

24: Interpretation of Chapter IV.: In this Chapter—

25: Recognition of custody orders: general.

26: Recognition: special Scottish rule.

27: Registration.

28: Cancellation and variation of registration.

29: Enforcement.

30: Staying or sisting of enforcement proceedings.

31: Dismissal of enforcement proceedings.

32: Interpretation of Chapter V.

33: Power to order disclosure of child’s whereabouts.

34: Power to order recovery of child.

35: Powers to restrict removal of child from jurisdiction.

36: Effect of orders restricting removal.

37: Surrender of passports.

38: Automatic restriction on removal of wards of court.

39: Duty to furnish particulars of other proceedings.
40: Interpretation of Chapter VI.

41: Habitual residence after removal without consent, etc.

42: General interpretation of Part I.

43: Application of Part I to dependent territories.

Part II: Recognition of Divorces, Annulments and Legal Separations

Divorces, annulments and judicial separations granted in the British Islands

44: Recognition in United Kingdom of divorces, annulments and judicial separations granted in the British Islands.

Overseas divorces, annulments and legal separations

45: Recognition in the United Kingdom of overseas divorces, annulments and legal separations.
46: Grounds for recognition.
47: Cross-proceedings and divorces following legal separations.
48: Proof of facts relevant to recognition.

Supplemental

49: Modifications of Part II in relation to countries comprising territories having different systems of law.
50: Non-recognition of divorce or annulment in another jurisdiction no bar to remarriage.: Where, in any part of the United Kingdom—
51: Refusal of recognition.
52: Provisions as to divorces, annulments etc. obtained before commencement of Part II.
53: Effect of divorces and annulments on wills.: In subsection (1) of section 18A of the Wills Act 1837 (effect of a decree of divorce or nullity of marriage on wills)—
54: Interpretation of Part II.

Part III: Declarations of Status

55: Declarations as to marital status.

55A: Declarations of parentage.

56: Declarations as to parentage, legitimacy or legitimation.

57: Declarations as to adoptions effected overseas.

58: General provisions as to the making and effect of declarations.

59: Provisions relating to the Attorney-General.

60: Supplementary provisions as to declarations.

61: Abolition of right to petition for jactitation of marriage.
62: Repeal of Greek Marriages Act 1884.

63: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV: Miscellaneous and General

64: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65: Amendments of Child Abduction Act 1984.
66: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV: Miscellaneous and General

67: Amendments of Child Abduction and Custody Act 1985.

68: Minor and consequential amendments, repeals and savings.

69: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Section 68(1).
Minor and Consequential Amendments Acts

ACTS
ORDERS

SCHEDULE 2 Section 68(2).
Repeals

Family Law Act 1986

1986 c. 55

An Act to amend the law relating to the jurisdiction of courts in the United Kingdom to make orders with regard to the custody of children; to make provision as to the recognition and enforcement of such orders throughout the United Kingdom; to make further provision as to the imposition, effect and enforcement of restrictions on the removal of children from the United Kingdom or from any part of the United Kingdom; to amend the law relating to the jurisdiction of courts in Scotland as to tutory and curatory; to amend the law relating to the recognition of divorces, annulments and legal separations; to make further provision with respect to the effect of divorces and annulments on wills; to amend the law...

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