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Family Law Act 1986

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F219A Jurisdiction in or in connection with matrimonial proceedings [F1or civil partnership proceedings] .N.I.

(1)The condition referred to in section 19(1) of this Act is that the F3... proceedings are proceedings in respect of the marriage [F4or civil partnership] of the parents of the child concerned and—

(a)the proceedings—

(i)are proceedings for divorce or nullity of marriage [F5, or dissolution or annulment of a civil partnership], and

(ii)are continuing;

(b)the proceedings—

(i)are proceedings for judicial separation [F6or legal separation of civil partners],

(ii)are continuing,

and the jurisdiction of the court is not excluded by subsection (2) below; or

(c)the proceedings have been dismissed after the beginning of the trial but—

(i)the section 1(1)(c) order is being made forthwith, or

(ii)the application for the order was made on or before the dismissal.

For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if, after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage are continuing in England and Wales or Scotland.

[F7(2)For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if—

(a)after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage, or

(b)after the making of a separation order, on the relevant date, proceedings for dissolution or annulment in respect of the civil partnership,

are continuing in England and Wales or Scotland.]

(3)Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made—

(a)an order under section 2A(4) or 13(6) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or

(b)an order under section 5(2) or 14(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in Northern Ireland with respect to the child concerned.

(4)Where a court—

(a)has jurisdiction to make a section 1(1)(c) order [F8by virtue of section 19(1)(b)(i) of this Act] , but

(b)considers that it would be more appropriate for Part I matters relating to the child to be determined outside Northern Ireland,

the court may by order direct that, while the order under this subsection is in force, no section 1(1)(c) order shall be made by any court [F9by virtue of section 19(1)(b)(i) of this Act] .

Textual Amendments

F2Ss. 19, 19A substituted for s. 19 (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 124; S.R. 1996/297, art. 2(2)

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