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SCHEDULES

SCHEDULE 2E+WMinor and consequential amendments

Family Law Act 1986 (c. 55)E+W

2The Family Law Act 1986 (c. 55) is amended as follows.

Commencement Information

I1Sch. 2 para. 2 in force at 8.12.2008 by S.I. 2008/2870, art. 2(2)(e)

3(1)Section 5 (power of court to refuse application or stay proceedings) is amended as follows.E+W

(2)After subsection (2) (stay where more appropriate for matters to be determined in proceedings outside England and Wales) insert—

(2A)If the proceedings on the application are proceedings in which a contact activity direction has been made under section 11A of the Children Act 1989 (or an enforcement order has been made under section 11J of that Act), the court may when granting a stay under or by virtue of subsection (2) also suspend the contact activity direction (or the enforcement order).

(3)After subsection (3A) (removal of stay granted under Article 15) insert—

(3B)If the stay removed under subsection (3) or (3A) is a stay in relation to which the court suspended a contact activity direction made under section 11A of the Children Act 1989 (or an enforcement order made under section 11J of that Act), the court may when removing the stay under subsection (3) or (3A) also bring the suspension to an end.

Commencement Information

I2Sch. 2 para. 3 in force at 8.12.2008 by S.I. 2008/2870, art. 2(2)(e)

4In section 29 (enforcement), in subsection (1) after “enforcing the order” insert “ (including, where an order with respect to contact is registered in England and Wales, the powers under section 11O of the Children Act 1989) ”.

Commencement Information

I3Sch. 2 para. 4 in force at 8.12.2008 by S.I. 2008/2870, art. 2(2)(e)

5In section 30 (staying or sisting of enforcement proceedings), after subsection (1) insert—

(1A)No application may be made under subsection (1) for proceedings to be stayed or sisted if the proceedings are proceedings on an application for an order under section 11O(2) of the Children Act 1989.

Commencement Information

I4Sch. 2 para. 5 in force at 8.12.2008 by S.I. 2008/2870, art. 2(2)(e)

6In section 31 (dismissal of enforcement proceedings), after subsection (1) insert—

(1A)No application may be made under subsection (1) for proceedings to be dismissed if the proceedings are proceedings on an application for an order under section 11O(2) of the Children Act 1989.

Commencement Information

I5Sch. 2 para. 6 in force at 8.12.2008 by S.I. 2008/2870, art. 2(2)(e)