Changes to legislation:
Family Law Act 1986 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
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Changes and effects yet to be applied to
:
- s. 2(1) substituted for s. 2(1)(2) by 1996 c. 27 Sch. 8 para. 37(2) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 2A(2) words substituted by 1996 c. 27 Sch. 8 para. 37(4) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 2A(3) words substituted by 1996 c. 27 Sch. 8 para. 37(5) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 2A(4) words substituted by 1996 c. 27 Sch. 8 para. 37(6) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 3 words substituted by 1996 c. 27 Sch. 8 para. 37(7) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 5(4) words omitted by S.I. 2019/519 Sch. para. 15(3)(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 15(3)(d) amended (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(f)(i))
- s. 5(4) words substituted in earlier amending provision S.I. 2019/519, Sch. para. 15(3)(d) by S.I. 2019/1338 reg. 3(3)(f)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 6(3A) substituted for s. 6(3A)(3B) by 1996 c. 27 Sch. 8 para. 37(8) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 14(2) word omitted by S.S.I. 2010/213 Sch. para. 3(1)(a) (This amendment comes into force on the day on which the Convention enters into force for the United Kingdom, see reg. 1(2). 1.11.2012 is the date notified in the Gazettes for the entering into force of the Convention)
- s. 19 heading words inserted by S.I. 2005/3336 art. 11
- s. 22(4) words omitted by S.I. 2019/519 Sch. para. 15(5)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 15(5)(c) amended (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(f)(ii))
- s. 22(4) words substituted in earlier amending provision S.I. 2019/519, Sch. para. 15(5)(c) by S.I. 2019/1338 reg. 3(3)(f)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 31(2) words inserted by 2020 asp 16 s. 29(3)
- s. 42(2) words substituted by 1996 c. 27 Sch. 8 para. 37(10) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- s. 51(4) words inserted by 1996 c. 27 Sch. 8 para. 37(11) (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. I repealed (except for paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(e), 139(4))
- Sch. 1 para. 27 repealed by 1996 c. 27 Sch. 10 (This amendment not applied to legislation.gov.uk. Entry in Sch. 10 repealed (13.5.2014) by the virtue of Children and Families Act 2014 (c. 6), ss. 18(2)(j), 139(4))
Changes and effects yet to be applied to the whole
Act associated Parts and Chapters:
Whole provisions yet to be inserted into this
Act (including any effects on those provisions):
Information:
You searched for provisions that are applicable to Northern Ireland. The matching provisions are highlighted below. Where no highlighting is shown the matching result may be contained within a footnote.
Introductory TextNext Match
Part I Child CustodyPrevious MatchNext Match
Chapter I PreliminaryPrevious MatchNext Match
1. Orders to which Part I applies.Previous MatchNext Match
Chapter II Jurisdiction of Courts in England and Wales
2. Jurisdiction: general.
2A. Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .
3. Habitual residence or presence of child.
4. Child Custody
5. Power of court to refuse application or stay proceedings.
6. Duration and variation of custody orders.
7. Interpretation of Chapter II.
Chapter III Jurisdiction of Courts in Scotland
8. Jurisdiction in independent proceedings.
9. Habitual residence.
10. Presence of child.
11. Provisions supplementary to sections 9 and 10.
12. Emergency jurisdiction.
13. Jurisdiction ancillary to matrimonial proceedings.
14. Power of court to refuse application or sist proceedings.
15. Duration, variation and recall of orders.
16. Tutory and curatory.
17. Orders for delivery of child.
17A.The provisions of this Chapter are subject to ... ......
18. Interpretation of Chapter III.
Chapter IV Jurisdiction of Courts in Northern IrelandPrevious MatchNext Match
19. Jurisdiction: general.Previous MatchNext Match
19A. Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings .Previous MatchNext Match
20. Habitual residence or presence of child.Previous MatchNext Match
21. Child CustodyPrevious MatchNext Match
22. Power of court to refuse application or stay proceedings.Previous MatchNext Match
23. Duration and variation of custody orders.Previous MatchNext Match
24. Interpretation of Chapter IV.Previous MatchNext Match
Chapter V Recognition and EnforcementPrevious MatchNext Match
25. Recognition of custody orders: general.Previous MatchNext Match
26. Recognition: special Scottish rule.
27. Registration.Previous MatchNext Match
28. Cancellation and variation of registration.Previous MatchNext Match
29. Enforcement.Previous MatchNext Match
30. Staying or sisting of enforcement proceedings.Previous MatchNext Match
31. Dismissal of enforcement proceedings.Previous MatchNext Match
32. Interpretation of Chapter V.Previous MatchNext Match
Chapter VI Miscellaneous and SupplementalPrevious MatchNext Match
33. Power to order disclosure of child’s whereabouts.Previous MatchNext Match
34. Power to order recovery of child.Previous MatchNext Match
35. Powers to restrict removal of child from jurisdiction.Previous MatchNext Match
36. Effect of orders restricting removal.Previous MatchNext Match
37. Surrender of passports.Previous MatchNext Match
38. Automatic restriction on removal of wards of court.Previous MatchNext Match
39. Duty to furnish particulars of other proceedings.Previous MatchNext Match
40. Interpretation of Chapter VI.Previous MatchNext Match
41. Habitual residence after removal without consent, etc.Previous MatchNext Match
42. General interpretation of Part I.Previous MatchNext Match
43. Application of Part I to dependent territories.Previous MatchNext Match
Part II Recognition of Divorces, Annulments and Legal SeparationsPrevious MatchNext Match
Divorces, annulments and judicial separations granted in the British IslandsPrevious MatchNext Match
44. Recognition in United Kingdom of divorces, annulments and judicial separations granted in the British Islands.Previous MatchNext Match
Overseas divorces, annulments and legal separationsPrevious MatchNext Match
45. Recognition in the United Kingdom of overseas divorces, annulments and legal separations.Previous MatchNext Match
46. Grounds for recognition.Previous MatchNext Match
47. Cross-proceedings and divorces following legal separations.Previous MatchNext Match
48. Proof of facts relevant to recognition.Previous MatchNext Match
SupplementalPrevious MatchNext Match
49. Modifications of Part II in relation to countries comprising territories having different systems of law.Previous MatchNext Match
50. Non-recognition of divorce or annulment in another jurisdiction no bar to remarriage.Previous MatchNext Match
51. Refusal of recognition.Previous MatchNext Match
52. Provisions as to divorces, annulments etc. obtained before commencement of Part II.Previous MatchNext Match
53. Effect of divorces and annulments on wills.
54. Interpretation of Part II.Previous MatchNext Match
Part III Declarations of Status
55. Declarations as to marital status.
55A. Declarations of parentage.
56. Declarations as to parentage, legitimacy or legitimation.
57. Declarations as to adoptions effected overseas.
58. General provisions as to the making and effect of declarations.
59. Provisions relating to the Attorney-General.
60. Supplementary provisions as to declarations.
61. Abolition of right to petition for jactitation of marriage.
62. Repeal of Greek Marriages Act 1884.
63. Interpretation of Part III.
Part IV Miscellaneous and GeneralPrevious MatchNext Match
64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65. Amendments of Child Abduction Act 1984.
66. Amendments of Child Abduction (Northern Ireland) Order 1985.Previous MatchNext Match
Part IV Miscellaneous and GeneralPrevious MatchNext Match
67. Amendments of Child Abduction and Custody Act 1985.Previous MatchNext Match
68. Minor and consequential amendments, repeals and savings.Previous MatchNext Match
69. Short title, commencement and extent.Previous MatchNext Match
SCHEDULES
SCHEDULE 1Previous MatchNext Match
Minor and Consequential Amendments ActsPrevious MatchNext Match
ACTS Previous MatchNext Match
1. Minor and Consequential Amendments Acts
The Guardianship of Infants Act 1886 (c. 27)Previous MatchNext Match
2. Minor and Consequential Amendments ActsPrevious MatchNext Match
The Sheriff Courts (Scotland) Act 1907 (c. 51)
3.In section 6 of the Sheriff Courts (Scotland) Act 1907,...
The Matrimonial Proceedings (Children) Act 1958 (c. 40)
4.In section 8(1) of the Matrimonial Proceedings (Children) Act 1958—...
5.In section 9(1) of the said Act of 1958, for...
6.In section 10(1) of the said Act of 1958, for...
7.In section 11(1) of that Act, for the words from...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
8.In section 8(6) of the Law Reform (Miscellaneous Provisions) (Scotland)...
The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
9.In section 2 of the Domestic and Appellate Proceedings (Restriction...
The Guardianship of Minors Act 1971 (c. 3)
10. Minor and Consequential Amendments Acts
11. Minor and Consequential Amendments Acts
12.In section 17 of that Act subsection (2) shall cease...
The Matrimonial Causes Act 1973 (c. 18)
13. Minor and Consequential Amendments Acts
14.In section 47 of that Act (declarations in respect of...
15.In section 50 of that Act (matrimonial causes rules)—
The Guardianship Act 1973 (c. 29)
16. Minor and Consequential Amendments Acts
17. Minor and Consequential Amendments Acts
18.In section 10(3) of that Act, for the words from...
The Children Act 1975 (c. 72)
19.In section 33(1) of the Children Act 1975 the words...
20. Minor and Consequential Amendments Acts
The Marriage (Scotland) Act 1977 (c. 15)
21.In proviso (ii) to section 3(5) of the Marriage (Scotland)...
22.In section 26(2) of the said Act of 1977 there...
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
23. Minor and Consequential Amendments Acts
24.In section 30(1) of the said Act of 1978, after...
The Senior Courts Act 1981 (c. 54)
25.In section 26(b) of the Senior Courts Act 1981 the...
26.In paragraph 3 of Schedule 1 to that Act (business...
The Matrimonial and Family Proceedings Act 1984 (c. 42)
27.In section 32 of the Matrimonial and Family Proceedings Act...
The Child Abduction and Custody Act 1985 (c. 60)Previous MatchNext Match
28.In section 9 of the Child Abduction and Custody Act...Previous MatchNext Match
29.In section 20(2) of the said Act of 1985 (suspension...Previous MatchNext Match
30.In section 27(1) of the said Act of 1985 (interpretation),...Previous MatchNext Match
31.. . . . . . . . . ....Previous MatchNext Match
ORDERS Previous MatchNext Match
The Matrimonial Causes (Northern Ireland) Order 1978 S.I. 1978/1045 (N.I. 15)Previous MatchNext Match
32. Minor and Consequential Amendments ActsPrevious MatchNext Match
The Domestic Proceedings (Northern Ireland) Order 1980 S.I. 1980/563 (N.I. 5)Previous MatchNext Match
33. Minor and Consequential Amendments ActsPrevious MatchNext Match
34.In Article 32(1) of that Order, for the words “Without...Previous MatchNext Match
SCHEDULE 2Previous MatchNext Match
RepealsPrevious MatchNext Match
Yn ôl i’r brig