Family Law Act 1986

Chapter I U.K. Preliminary

1 Orders to which Part I applies. E+W+N.I.

(1) Subject to the following provisions of this section, in this Part “ [F1 Part I order]” means—

[F2 (a) a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order]

(b) an order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F3 residence, custody, care or control of a child, contact with or], access to a child or the education or upbringing of a child, excluding—

(i) an order committing the care of a child to a local authority or placing a child under the supervision of a local authority;

(ii) an adoption order as defined in section 12(1) of the M1 Adoption (Scotland) Act 1978;

(iii) an order freeing a child for adoption made under section 18 of the said Act of 1978;

(iv) an order [F4 giving parental responsibilities and parental rights in relation to] a child made in the course of proceedings for the adoption of the child (other than an order made following the making of a direction under section 53(1) of the Children Act 1975);

(v) an order made under the M2 Education (Scotland) Act 1980;

(vi) an order made under Part II or III of the M3 Social Work (Scotland) Act 1968;

(vii) an order made under the M4 Child Abduction and Custody Act 1985;

(viii) an order for the delivery of a child or other order for the enforcement of a [F1 Part I order];

(ix) an order relating to the tutory or curatory of a child;

(c) an order made by a court in Northern Ireland under any of the following enactments—

(i) section 5 of the M5 Guardianship of Infants Act 1886 (except so far as it relates to costs);

(ii) Article 45(1) of the M6 Matrimonial Causes (Northern Ireland) Order 1978;

(iii) Article 45(2) of the Matrimonial Causes (Northern Ireland) Order 1978;

(iv) Article 10(2) or 20(1)(ii) of the M7 Domestic Proceedings (Northern Ireland) Order 1980;

[F5 (d) an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—

(i) so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii) excluding an order varying or revoking such an order;

(e) an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship—

(i) so far as it gives care and control of a child to any person or provides for the education of or access to a child; but

(ii) excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board.]

(2) In this Part “ [F1 Part I order]” does not include—

(a) an order within subsection (1) F6 . . . (c) above which varies or revokes a previous order made under the same enactment;

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an order within paragraphs [F8 (e)] of subsection (1) above which varies or revokes a previous order within that paragraph.

[F9 (3) In this Part, “Part I order”—

(a) includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989; and

(b) (subject to section 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.]

(6) Provision may be made by act of sederunt prescribing, in relation to orders within subsection (1)(b) above, what constitutes an application for the purposes of this Part.

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in S. 1(1) 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 S. 1(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(1)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F3 Words in s. 1(1)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(2)(a); S.I. 1996/2203, art. 3, Sch.

F4 Words in s. 1(1)(b)(iv) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(2)(b); S.I. 1996/2203, art. 3, Sch.

F5 S. 1(1)(d)(e) substituted (14.10.1991) for s. 1(1)(d) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(1)(b) (with Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)

F6 Words in S. 1(2)(a) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F7 S. 1(2)(b) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F8 Word in S. 1(2)(c) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F9 S. 1(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C2 S. 1(1)(b)(ii) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 5

Marginal Citations

M1 1978 c. 28.

M2 1980 c. 44.

M3 1968 c. 49.

M4 1985 c. 60.

M5 1886 c. 27.

M6 S.I. 1978/1045 (N.I. 15).

M7 S.I. 1980/563 (N.I. 5).

1 Orders to which Part I applies. S

(1) Subject to the following provisions of this section, in this Part “ [F10 Part I order]” means—

[F11 (a) a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order]

(b) an order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F12 residence, custody, care or control of a child, contact with or], access to a child or the education or upbringing of a child, excluding—

(i) an order committing the care of a child to a local authority or placing a child under the supervision of a local authority;

(ii) an adoption order as defined in section 12(1) of the M8 Adoption (Scotland) Act 1978;

(iii) an order freeing a child for adoption made under section 18 of the said Act of 1978;

(iv) an order [F13 giving parental responsibilities and parental rights in relation to] a child made in the course of proceedings for the adoption of the child (other than an order made following the making of a direction under section 53(1) of the Children Act 1975);

(v) an order made under the M9 Education (Scotland) Act 1980;

(vi) an order made under Part II or III of the M10 Social Work (Scotland) Act 1968;

(vii) an order made under the M11 Child Abduction and Custody Act 1985;

(viii) an order for the delivery of a child or other order for the enforcement of a [F10 Part I order];

(ix) an order relating to the [F14 guardianship]of a child;

(c) an order made by a court in Northern Ireland under any of the following enactments—

(i) section 5 of the M12 Guardianship of Infants Act 1886 (except so far as it relates to costs);

(ii) Article 45(1) of the M13 Matrimonial Causes (Northern Ireland) Order 1978;

(iii) Article 45(2) of the Matrimonial Causes (Northern Ireland) Order 1978;

(iv) Article 10(2) or 20(1)(ii) of the M14 Domestic Proceedings (Northern Ireland) Order 1980;

[F15 (d) an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—

(i) so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii) excluding an order varying or revoking such an order;

(e) an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship—

(i) so far as it gives care and control of a child to any person or provides for the education of or access to a child; but

(ii) excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board.]

(2) In this Part “ [F10 Part I order]” does not include—

(a) an order within subsection (1) F16 . . . (c) above which varies or revokes a previous order made under the same enactment;

F17 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an order within paragraphs [F18 (e)] of subsection (1) above which varies or revokes a previous order within that paragraph.

[F19 (3) In this Part, “Part I order”—

(a) includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989; and

(b) (subject to section 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.]

(6) Provision may be made by act of sederunt prescribing, in relation to orders within subsection (1)(b) above, what constitutes an application for the purposes of this Part.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F10 Words in S. 1(1) 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)

F11 S. 1(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(1)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F12 Words in s. 1(1)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(2)(a); S.I. 1996/2203, art. 3(3), Sch.

F13 Words in s. 1(1)(b)(iv) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(2)(b); S.I. 1996/2203, art. 3(3), Sch.

F14 Words in s. 1(1)(b)(ix) substituted (S.) (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 44.

F15 S. 1(1)(d)(e) substituted (14.10.1991) for s. 1(1)(d) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(1)(b) (with Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)

F16 Words in S. 1(2)(a) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F17 S. 1(2)(b) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F18 Word in S. 1(2)(c) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F19 S. 1(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 63(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C3 S. 1(1)(b)(ii) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 5

Marginal Citations

M8 1978 c. 28.

M9 1980 c. 44.

M10 1968 c. 49.

M11 1985 c. 60.

M12 1886 c. 27.

M13 S.I. 1978/1045 (N.I. 15).

M14 S.I. 1980/563 (N.I. 5).