Part IU.K. Child Custody

Modifications etc. (not altering text)

Chapter VIU.K. Miscellaneous and Supplemental

42 General interpretation of Part I.U.K.

(1)In this Part—

  • “certified copy”, in relation to an order of any court, means a copy certified by the prescribed officer of the court to be a true copy of the order or of the official record of the order;

  • [F1“parental responsibilities” and “parental rights” have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995;]

  • “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

  • “prescribed” means prescribed by rules of court or act of sederunt.

  • [F2“the Council Regulation” means Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;]

  • [F3“the Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996.]

( 2)For the purposes of this Part proceedings in England and Wales or in Northern Ireland for divorce, nullity or judicial separation in respect of the marriage of the parents of a child shall, unless they have been dismissed, be treated as continuing until the child concerned attains the age of eighteen (whether or not a decree has been granted and whether or not, in the case of a decree of divorce or nullity of marriage, that decree has been made absolute).

[F4(2A)For the purposes of this Part proceedings in England and Wales or in Northern Ireland for dissolution, annulment or legal separation in respect of the civil partnership of the parents of the child shall, unless they have been dismissed, be treated as continuing until the child concerned attains the age of eighteen (whether or not a dissolution, nullity or separation order has been made and whether or not, in the case of a dissolution or nullity order, that order has been made final).]

(3)For the purposes of this Part, matrimonial proceedings [F5or civil partnership proceedings] in a court in Scotland which has jurisdiction in those proceedings to make a [F6Part I order] with respect to a child shall, unless they have been dismissed or decree of absolvitor has been granted therein, be treated as continuing until the child concerned attains the age of sixteen.

(4)Any reference in this Part to proceedings in respect of the marriage [F7or civil partnership] of the parents of a child shall, in relation to a child who, although not a child of both parties to the marriage [F7or civil partnership] , is a child of the family of those parties, be construed as a reference to proceedings in respect of that marriage [F7or civil partnership]; and for this purpose “child of the family”—

(a)if the proceedings are in England and Wales, means any child who has been treated by both parties as a child of their family, except a child who [F8is placed with those parties as foster parents] by a local authority or a voluntary organisation;

(b)if the proceedings are in Scotland, means any child [F9who has been treated by both parties as a child of their family, except a child who has been placed with those parties as foster parents by a local authority or a voluntary organisation;]

(c)if the proceedings are in Northern Ireland, means any child who has been treated by both parties as a child of their family, except a child who [F10is placed with those parties as foster parents by an authority within the meaning of the Children (Northern Ireland) Order 1995] or a voluntary organisation.

[F11(4A)Any reference in this Part to proceedings in respect of the civil partnership of the parents of a child shall, in relation to a child who, although not a child of the civil partners, is a child of the family of the civil partners, be construed as a reference to proceedings in respect of that civil partnership; and for this purpose “child of the family” has the meaning given in paragraphs (a) to (c) of subsection (4) (but substituting references to the civil partners for references to the parties to the marriage).]

(5)References in this Part to custody orders include (except where the context otherwise requires) references to custody orders as varied.

(6)For the purposes of this Part each of the following orders shall be treated as varying the [F6Part I order] to which it relates—

(a)an order which provides for a person [F12to be allowed contact with or] to be given access to a child who is the subject of a [F6Part I order], or which makes provision for the education of such a child,

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(7)In this Part—

(a)references to Part I proceedings in respect of a child are references to any proceedings for a Part I order or an order corresponding to a Part I order and include, in relation to proceedings outside the United Kingdom, references to proceedings before a tribunal or other authority having power under the law having effect there to determine Part I matters; and

(b)references to Part I matters are references to matters that might be determined by a Part I order or an order corresponding to a Part I order.]

Textual Amendments

F1S. 42(1): definition of "parental responsibilities" inserted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(9)(a); S.I. 1996/2203, art. 3(3), Sch.

F9Words in s. 42(4)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 41(9)(b); S.I. 1996/2203, art. 3(3), Sch

F10Words in s. 42(4)(c) substituted (4.11.1996) by S.I. 1995/756, art. 12(4); S.R. 1996/297, para. 3

F13S. 42(6)(b)-(d) and words repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. 1996/297, para. 3