The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005

Articles 3, 5 to 10 and 20 extend to England and Wales only.

Articles 11 to 17 extend to Northern Ireland only.

Article 1, this article and articles 4, 18 and 19 extend to England and Wales and Northern Ireland only.

Nothing in the amendments to the Family Law Act 1986 made by this Order is to be read as affecting a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Dependent Territories) Order 1991^f1.

Amend section 2A (jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings) as follows.

In subsection (1)—

For subsection (2) substitute—

“(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 Scotland or Northern Ireland.”.

after “matrimonial proceedings” insert “or civil partnership proceedings”; and

after “marriage” insert “or civil partnership”.

Amend section 6 (duration and variation of custody orders) as follows.

In subsection (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 England and Wales in respect of the marriage of the parents of the child concerned; or

(ii)

for dissolution or annulment in England and Wales 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 England and Wales; or

(ii)

for a separation order in England and Wales; 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.”

Amend section 19A (jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings) as follows.

In subsection (1)—

For subsection (2) substitute—

“(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.”.

after “matrimonial proceedings” insert “or civil partnership proceedings”; and

after “marriage” insert “or civil partnership”.

Amend section 23 (duration and variation of custody orders) as follows.

In subsection (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.”

In section 38 (automatic restriction on removal of wards of court), in subsection (2), after paragraph (a) insert—

“(aa)

proceedings for dissolution or annulment or legal separation in respect of the civil partnership of his parents are continuing in a court in another part of the United Kingdom (that is to say, in a part of the United Kingdom outside the jurisdiction of the court of which he is a ward), or”.

In subsection (3)(b) of that section, for “(2)(a) above” substitute “(2)(a) or (aa) above”.

Amend section 42 (general interpretation of Part I) as follows.

After subsection (2) insert—

“(2A)

For the purposes of this Part proceedings in England and Wales or in Northern Ireland for dissolution, annulment or legal separation in respect of the civil partnership of the parents of the child shall, unless they have been dismissed, be treated as continuing until the child concerned attains the age of eighteen (whether or not a dissolution, nullity or separation order has been made and whether or not, in the case of a dissolution or nullity order, that order has been made final).”

In subsection (3) after “matrimonial proceedings” insert “or civil partnership proceedings”.

After subsection (4) insert—

“(4A)

Any reference in this Part to proceedings in respect of the civil partnership of the parents of a child shall, in relation to a child who, although not a child of the civil partners, is a child of the family of the civil partners, be construed as a reference to proceedings in respect of that civil partnership; and for this purpose “child of the family” has the meaning given in paragraphs (a) to (c) of subsection (4) (but substituting references to the civil partners for references to the parties to the marriage).”