Part I Child Custody
Chapter III Jurisdiction of Courts in Scotland
11 Provisions supplementary to sections 9 and 10.
(1)
Subject to subsection (2) below, the jurisdiction of the court to entertain an application for a F1Part I order with respect to a child by virtue of section 9, 10 or 15(2) of this Act is excluded if, on the date of the application, matrimonial F2or civil partnership proceedings are continuing in a court in any part of the United Kingdom in respect of the marriage F3or civil partnership of the parents of the child.
(2)
Subsection (1) above shall not apply in relation to an application for a F1Part I order if the court in which the matrimonial F4or civil partnership proceedings are continuing has made one of the following orders, that is to say—
(a)
(b)
an order under section 5(2), 14(2) or 22(2) of this Act which is recorded as made for the purpose of enabling F7Part I proceedings with respect to the child concerned to be taken in Scotland or, as the case may be, in another court in Scotland,
and that order is in force.