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Family Law Act 1986

1986 c. 55 · Enacted 7 November 1986 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 6 April 2022.

See the changes not yet applied
ProvisionChangeMade by
s. 29AinsertedChildren (Scotland) Act 2020 s. 29(2)
s. 31(2)words insertedChildren (Scotland) Act 2020 s. 29(3)
s. 1(1)(ca)-(cc)insertedAdoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 7
s. 19(1A)-(1C)insertedAdoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 8

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]

X1I1E1Be 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:—C1

Annotations to the whole text

Modifications

C1

Act restricted by 1986 c. 55, s. 2(2A) (as inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 48 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o))

Commencement

I1

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

Extent

E1

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

Editorial notes

X1

The 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).

Contents

  1. Part I: Child Custody
  2. Chapter I: Preliminary
  3. 1Orders to which Part I applies.
  4. Chapter II: Jurisdiction of Courts in England and Wales
  5. 2Jurisdiction: general.
  6. 2AJurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .
  7. 3Habitual residence or presence of child.
  8. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 5Power of court to refuse application or stay proceedings.
  10. 6Duration and variation of custody orders.
  11. 7Interpretation of Chapter II.
  12. Chapter III: Jurisdiction of Courts in Scotland
  13. 8Jurisdiction in independent proceedings.
  14. 9Habitual residence.
  15. 10Presence of child.
  16. 11Provisions supplementary to sections 9 and 10.
  17. 12Emergency jurisdiction.
  18. 13Jurisdiction ancillary to matrimonial proceedings.
  19. 14Power of court to refuse application or sist proceedings.
  20. 15Duration, variation and recall of orders.
  21. 16Tutory and curatory.
  22. 17Orders for delivery of child.
  23. 17ASection 17A
  24. 18Interpretation of Chapter III.
  25. Chapter IV: Jurisdiction of Courts in Northern Ireland
  26. 19Jurisdiction: general.
  27. 19AJurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .
  28. 20Habitual residence or presence of child.
  29. 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  30. 22Power of court to refuse application or stay proceedings.
  31. 23Duration and variation of custody orders.
  32. 24Interpretation of Chapter IV.
  33. Chapter V: Recognition and Enforcement
  34. 25Recognition of custody orders: general.
  35. 26Recognition: special Scottish rule.
  36. 27Registration.
  37. 28Cancellation and variation of registration.
  38. 29Enforcement.
  39. 30Staying or sisting of enforcement proceedings.
  40. 31Dismissal of enforcement proceedings.
  41. 32Interpretation of Chapter V.
  42. Chapter VI: Miscellaneous and Supplemental
  43. 33Power to order disclosure of child’s whereabouts.
  44. 34Power to order recovery of child.
  45. 35Powers to restrict removal of child from jurisdiction.
  46. 36Effect of orders restricting removal.
  47. 37Surrender of passports.
  48. 38Automatic restriction on removal of wards of court.
  49. 39Duty to furnish particulars of other proceedings.
  50. 40Interpretation of Chapter VI.
  51. 41Habitual residence after removal without consent, etc.
  52. 42General interpretation of Part I.
  53. 43Application of Part I to dependent territories.
  54. Part II: Recognition of Divorces, Annulments and Legal Separations
  55. Divorces, annulments and judicial separations granted in the British Islands
  56. 44Recognition in United Kingdom of divorces, annulments and judicial separations granted in the British Islands.
  57. Overseas divorces, annulments and legal separations
  58. 45Recognition in the United Kingdom of overseas divorces, annulments and legal separations.
  59. 46Grounds for recognition.
  60. 47Cross-proceedings and divorces following legal separations.
  61. 48Proof of facts relevant to recognition.
  62. Supplemental
  63. 49Modifications of Part II in relation to countries comprising territories having different systems of law.
  64. 50Non-recognition of divorce or annulment in another jurisdiction no bar to remarriage.
  65. 51Refusal of recognition.
  66. 52Provisions as to divorces, annulments etc. obtained before commencement of Part II.
  67. 53Effect of divorces and annulments on wills.
  68. 54Interpretation of Part II.
  69. Part III: Declarations of Status
  70. 55Declarations as to marital status.
  71. 55ADeclarations of parentage.
  72. 56Declarations as to parentage, legitimacy or legitimation.
  73. 57Declarations as to adoptions effected overseas.
  74. 58General provisions as to the making and effect of declarations.
  75. 59Provisions relating to the Attorney-General.
  76. 60Supplementary provisions as to declarations.
  77. 61Abolition of right to petition for jactitation of marriage.
  78. 62Repeal of Greek Marriages Act 1884.
  79. 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  80. Part IV: Miscellaneous and General
  81. 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  82. 65Amendments of Child Abduction Act 1984.
  83. 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  84. Part IV: Miscellaneous and General
  85. 67Amendments of Child Abduction and Custody Act 1985.
  86. 68Minor and consequential amendments, repeals and savings.
  87. 69Short title, commencement and extent.
  88. Schedule 1: Minor and Consequential Amendments Acts
  89. Part ACTS
  90. 1Paragraph 1 Repealed
  91. The Guardianship of Infants Act 1886 (c. 27)
  92. 2Paragraph 2 Repealed
  93. The Sheriff Courts (Scotland) Act 1907 (c. 51)
  94. 3Paragraph 3
  95. The Matrimonial Proceedings (Children) Act 1958 (c. 40)
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
  101. 8Paragraph 8
  102. The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
  103. 9Paragraph 9
  104. The Guardianship of Minors Act 1971 (c. 3)
  105. 10Paragraph 10 Repealed
  106. 11Paragraph 11 Repealed
  107. 12Paragraph 12
  108. The Matrimonial Causes Act 1973 (c. 18)
  109. 13Paragraph 13 Repealed
  110. 14Paragraph 14
  111. 15Paragraph 15
  112. The Guardianship Act 1973 (c. 29)
  113. 16Paragraph 16 Repealed
  114. 17Paragraph 17 Repealed
  115. 18Paragraph 18
  116. The Children Act 1975 (c. 72)
  117. 19Paragraph 19
  118. 20Paragraph 20 Repealed
  119. The Marriage (Scotland) Act 1977 (c. 15)
  120. 21Paragraph 21
  121. 22Paragraph 22
  122. The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
  123. 23Paragraph 23 Repealed
  124. 24Paragraph 24 Repealed
  125. The Senior Courts Act 1981 (c. 54)
  126. 25Paragraph 25
  127. 26Paragraph 26
  128. The Matrimonial and Family Proceedings Act 1984 (c. 42)
  129. 27Paragraph 27
  130. The Child Abduction and Custody Act 1985 (c. 60)
  131. 28Paragraph 28
  132. 29Paragraph 29
  133. 30Paragraph 30
  134. 31Paragraph 31 Repealed
  135. Part ORDERS
  136. The Matrimonial Causes (Northern Ireland) Order 1978 S.I. 1978/1045 (N.I. 15)
  137. 32Paragraph 32 Repealed
  138. The Domestic Proceedings (Northern Ireland) Order 1980 S.I. 1980/563 (N.I. 5)
  139. 33Paragraph 33 Repealed
  140. 34Paragraph 34
  141. Schedule 2Repeals