Section 11 Provisions supplementary to sections 9 and 10.

Scotland

(1)

Subject to subsection (2) below, the jurisdiction of the court to entertain an application for a F1Part I order with respect to a child by virtue of section 9, 10 or 15(2) of this Act is excluded if, on the date of the application, matrimonial F2or civil partnership proceedings are continuing in a court in any part of the United Kingdom in respect of the marriage F3or civil partnership of the parents of the child.

(2)

Subsection (1) above shall not apply in relation to an application for a Part I order if the court in which the matrimonial F4or civil partnership proceedings are continuing has made one of the following orders, that is to say—

(a)

an order under section F52A(4), 13(6) or F619A(4) of this Act (not being an order made by virtue of section 13(6)(a)(ii)); or

(b)

an order under section 5(2), 14(2) or 22(2) of this Act which is recorded as made for the purpose of enabling F7Part I proceedings with respect to the child concerned to be taken in Scotland or, as the case may be, in another court in Scotland,

and that order is in force.

Annotations

Textual amendments

F1: Words in s. 11(1)(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2: Words in s. 11(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (S.S.I. 2005/623), arts. 1, 14(2)(a)
F3: Words in s. 11(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (S.S.I. 2005/623), arts. 1, 14(2)(b)
F4: Words in s. 11(2) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (S.S.I. 2005/623), arts. 1, 14(3)
F5: Figure in s. 11(2)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 68(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6: Words in s. 11(2)(a) substituted (4.11.1996) by S.I. 1995/756, art. 12(5)(d); S.R. 1996/297, art.3
F7: Words in s. 11(2)(b) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Notes on Part I

Modifications

C1: Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.