OpenLegislation

Section 9 Jurisdiction of court as respects children where action dismissed or in case of non-adherence.F1

England and Wales

C1(1)

Where an action commenced after the commencement of this Part of this Act for divorce, nullity of marriage or separation is dismissed at any stage after proof on the merits of the action has been allowed or decree of absolvitor is granted therein, the court before which the action was brought, may, F2, subject to section 13(2) of the Family Law Act 1986, make such provision F3relating to parental rights as could be made if the action were still before the court.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Annotations

Textual amendments

F1

S. 9 repealed (S.) (1.11.1996) by 1995 c. 36, s. 105(6), Sch. 5; S.I. 1996/2203, art. 3(3), Sch. Table

F2

Words substituted (S.) by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(6), Sch. 1 para. 5

F3

Words substituted (S.) by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 10(1), 11(4), Sch. 1 para. 6

F4

S. 9(2) repealed (S.) by Law Reform (Husband and Wife) (Scotland) Act 1984 (c. 15, SIF 49:2), ss. 9(2), 10(3), Sch. 2

Modifications

C1

S. 9(1) restricted (S.) by Family Law Act 1986 (c. 55, SIF 49:3), ss. 13(2), 69(6)

Notes on Part II

Modifications

C1

Pt. II extended by Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19), s. 8(1)