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Revised Statute from The UK Statute Law Database

Family Law Act 1986 (c. 55)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Family Law Act 1986

1986 CHAPTER 55

Contents

Go to Preamble

  1. Part I

    Child Custody

    1. Chapter I

      Preliminary

      1. 1. Orders to which Part I applies (E+W+N.I.)

      2. 1. Orders to which Part I applies (S)

    2. Chapter II

      Jurisdiction of Courts in England and Wales

      1. 2. Jurisdiction: general

      2. 2A. Jurisdiction in or in connection with matrimonial proceedings

      3. 3. Habitual residence or presence of child

      4. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

      6. 6. Duration and variation of custody orders

      7. 7. Interpretation of Chapter II

    3. Chapter III

      Jurisdiction of Courts in Scotland

      1. 8. Jurisdiction in independent proceedings

      2. 9. Habitual residence

      3. 10. Presence of child

      4. 11. Provisions supplementary to sections 9 and 10

      5. 12. Emergency jurisdiction

      6. 13. Jurisdiction ancillary to matrimonial proceedings

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

      8. 15. Duration, variation and recall of orders

      9. 16. Tutory and curatory

      10. 17. Orders for delivery of child

      11. 18. Interpretation of Chapter III

    4. Chapter IV

      Jurisdiction of Courts in Northern Ireland

      1. 19. Jurisdiction: general

      2. 19A. Jurisdiction in or in connection with matrimonial proceedings

      3. 20. Habitual residence or presence of child

      4. 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 22. Power of court to refuse application or stay proceedings

      6. 23. Duration and variation of custody orders

      7. 24. Interpretation of Chapter IV

    5. Chapter V

      Recognition and Enforcement

      1. 25. Recognition of custody orders: general

      2. 26. Recognition: special Scottish rule

      3. 27. Registration

      4. 28. Cancellation and variation of registration

      5. 29. Enforcement

      6. 30. Staying or sisting of enforcement proceedings

      7. 31. Dismissal of enforcement proceedings

      8. 32. Interpretation of Chapter V

    6. Chapter VI

      Miscellaneous and Supplemental

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

      2. 34. Power to order recovery of child

      3. 35. Powers to restrict removal of child from jurisdiction

      4. 36. Effect of orders restricting removal

      5. 37. Surrender of passports

      6. 38. Automatic restriction on removal of wards of court

      7. 39. Duty to furnish particulars of other proceedings

      8. 40. Interpretation of Chapter VI

      9. 41. Habitual residence after removal without consent, etc

      10. 42. General interpretation of Part I

      11. 43. Application of Part I to dependent territories

  2. Part II

    Recognition of Divorces, Annulments and Legal Separations

    1. Divorces, annulments and judicial separations granted in the British Islands

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

    2. Overseas divorces, annulments and legal separations

      1. 45. Recognition in the United Kingdom of overseas divorces, annulments and legal separations

      2. 46. Grounds for recognition

      3. 47. Cross-proceedings and divorces following legal separations

      4. 48. Proof of facts relevant to recognition

    3. Supplemental

      1. 49. Modifications of Part II in relation to countries comprising territories having different systems of law

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

      3. 51. Refusal of recognition

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

      5. 53. Effect of divorces and annulments on wills

      6. 54. Interpretation of Part II

  3. Part III

    Declarations of Status

    1. 55. Declarations as to marital status

    2. 55A. Declarations of parentage

    3. 56. Declarations as to parentage, legitimacy or legitimation

    4. 57. Declarations as to adoptions effected overseas

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

    6. 59. Provisions relating to the Attorney-General

    7. 60. Supplementary provisions as to declarations

    8. 61. Abolition of right to petition for jactitation of marriage

    9. 62. Repeal of Greek Marriages Act 1884

    10. 63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Part IV

    Miscellaneous and General

    1. 64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 65. Amendments of Child Abduction Act 1984

    3. 66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Part IV

    Miscellaneous and General

    1. 67. Amendments of Child Abduction and Custody Act 1985

    2. 68. Minor and consequential amendments, repeals and savings

    3. 69. Short title, commencement and extent

  6. SCHEDULE 1

    Minor and Consequential Amendments Acts

  7. SCHEDULE 2

    Repeals

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 relating to the powers of courts to make declarations relating to the status of a person; to abolish the right to petition for jactitation of marriage; to repeal the Greek Marriages Act 1884; to make further provision with respect to family proceedings rules; to amend the Child Abduction Act 1984, the Child Abduction (Northern Ireland) Order 1985 and the Child Abduction and Custody Act 1985; and for connected purposes.

[7th November 1986]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Extent Information

E1Act extends to the United Kingdom but for exceptions see s. 69(5)(6)(7)

Commencement Information

I1Act not in force at Royal Assent see s. 69(2)(3); Act partly in force at 7.1.1987 see s. 69(2)

Editorial Information

X1The text of ss. 55, 58 to 63, 68, 69 was taken from S.I.F. Group 49:1 (Family Law: Marriage, England and Wales and Abroad), ss. 44 to 54, 64, 68, 69, Schs. 1, 2 from S.I.F. Group 49:3 (Family Law: Matrimonial Proceedings), ss. 56, 58 to 60, 63, 68, 69 from S.I.F. Group 49:7 (Family Law: Legitimacy, Affiliation and Age of Majority, England and Wales), ss. 1 to 7, 19 to 43, 65 to 69 from S.I.F. Group 49:9 (Family Law: Guardianship, England and Wales and Northern Ireland), ss. 1, 8 to 18, 25 to 43, 67 to 69 from S.I.F. Group 49:10 (Family Law: Guardianship and Aliment, Scotland), and ss. 57, 58 to 60, 63, 68, 69 from S.I.F. Group 49:11 (Family Law: Adoption).

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