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The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005
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- 2005 No. 265
- Regulation 8
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Amendments to the Family Law Act 1986(1)
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8.—(1) Amend section 2 (jurisdiction of courts in England and Wales: general) as follows.
(2) For subsections (1) and (2) substitute—
“(1) A court in England and Wales shall not make a section 1(1)(a) order with respect to a child unless—
(a)it has jurisdiction under the Council Regulation, or
(b)the Council Regulation does not apply but—
(i)the question of making the order arises in or in connection with matrimonial proceedings and the condition in section 2A of this Act is satisfied, or
(ii)the condition in section 3 of this Act is satisfied.”.
(3) For subsection (3) substitute—
“(3) A court in England and Wales shall not make a section 1(1)(d) order unless—
(a)it has jurisdiction under the Council Regulation, or
(b)the Council Regulation does not apply but—
(i)the condition in section 3 of this Act is satisfied, or
(ii)the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.”.
(1)
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