OpenLegislation

Section 15(3) to (6), as amended Section 15(3) to (6), as amended

England and Wales

  1. (3)

    A county court or a magistrates, court shall not have jurisdiction under this Act in any case where the respondent or any of the respondents resides in Scotland or Northern Ireland—

    1. (a)

      except in so far as any jurisdiction may be exercisable by virtue of the following provisions of this section; or

    2. (b)

      unless a summons or other originating process can be served and is served on the respondent, or as the case may be, on the respondents in England or Wales.

  2. (4)

    An order under this Act giving the custody of a minor to a person resident in England or Wales, whether with or without an order requiring payments to be made towards the minor’s maintenance, may be made, if one parent resides in Scotland or Northern Ireland and the other parent and the minor in England and Wales, by a magistrates’ court having jurisdiction in the place in which the other parent resides.

  3. (5)

    It is hereby declared that a magistrates’ court has jurisdiction—

    1. (a)

      in proceedings under this Act by a person residing in Scotland or Northern Ireland against a person residing in England or Wales for an order relating to the custody of a minor (including an order requiring payments to be made towards the minors maintenance);

    2. (b)

      in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of such an order.

  4. (6)

    Where proceedings for an order under subsection (1) of section 9 of this Act relating to the custody of a minor are brought in a magistrates’ court by a person residing in Scotland or Northern Ireland, the court shall have jurisdiction to make any order in respect of the minor under that section on the application of the respondent in the proceedings.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table

Notes on Schedule 2

Modifications

C1

The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. This provision has been amended by Children Act 1975 (c. 72), s. 108(1)(a), Sch. 3 para. 75(1)(b)(c); Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 36(2), 41(2), 47(1); Justices of the Peace Act 1979 (c. 55), s. 71, Sch. 2 para. 16. Parts of this provision have been repealed by Children Act 1975 (c. 72), s. 108(1)(a), Sch. 3 para. 75(1)(b)(c); Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3; Family Law Act 1986 (c. 55), s. 68(1)(2), Sch. 1 para. 16(d)(e), Sch. 2