Article 9 Amendments to the Family Law Act 1986

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.”