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Family Law Act 1986
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- 1986 c. 55
- Part I
- Chapter VI
- Section 35
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- Act Act restricted by 1986 c. 55 s. 2(2A) (as inserted by 2002 c. 38 sch. 3 para. 48) by 2002 c. 38 Sch. 3 para. 48
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 17A added by S.S.I. 2005/42 reg. 4(3)
- s. 17A text amended by S.S.I. 2010/213 Sch. para. 4
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/189 art. 2 commences (1999 c. 18)
- S.I. 2003/192 art. 3 6 Sch. commences (2000 c. 19)
- S.I. 2005/2213 art. 2 3 commences (2002 c. 38)
- S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
- S.I. 2008/2870 art. 2 commences (2006 c. 20)
- S.I. 2009/479 art. 2-6 commences (2008 c. 22)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.S.I. 2009/267 art. 2 commences (2007 asp 4)
35 Powers to restrict removal of child from jurisdiction.E+W+S+N.I.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A court in Scotland—
(a)at any time after the commencement of proceedings in connection with which the court would have jurisdiction to make a [F3Part I order], or
(b)in any proceedings in which it would be competent for the court to grant an interdict prohibiting the removal of a child from its jurisdiction,
may, on an application by any of the persons mentioned in subsection (4) below, grant interdict or interim interdict prohibiting the removal of the child from the United Kingdom or any part of the United Kingdom, or out of the control of the person in [F4whose care] the child is.
(4)The said persons are—
(a)any party to the proceedings,
(b)the [F5guardian] of the child concerned, and
(c)any other person who has or wishes to obtain the F6. . . care of the child.
(5)In subsection (3) above “the court” means the Court of Session or the sheriff; and for the purposes of subsection (3)(a) above, proceedings shall be held to commence—
(a)in the Court of Session, when a summons is signeted or a petition is presented;
(b)in the sheriff court, when the warrant of citation is signed.
Annotations:
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Amendments (Textual)
F1S. 35(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 para. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F2S. 35(2) repealed (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10; S.R. 1996/297, art. 2(2)
F3Words in s. 35(3) 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)
F4Words in s. 35(3) substituted (1.11.1996) by 1995 c. 36, s. 105(1)(4), Sch. 4 para. 41(8); S.I. 1996/2203, art. 3(3), Sch.
F5Words in s. 35(4)(b) 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. 47.
F6Words in s. 35(4)(c) repealed (1.11.1996) by 1995 c. 36, s. 105(1)(5), Sch. 5; S.I. 1996/2203, art. 3(3), Sch.
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