Family Law Act 1986

11 Provisions supplementary to sections 9 and 10.S

(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 [F1Part 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.