http://www.legislation.gov.uk/ukpga/1986/55/section/2AFamily Law Act 1986An Act to amend the law relating to the jurisdiction of courts in the United Kingdom to make orders with regard to the custody of children; to make provision as to the recognition and enforcement of such orders throughout the United Kingdom; to make further provision as to the imposition, effect and enforcement of restrictions on the removal of children from the United Kingdom or from any part of the United Kingdom; to amend the law relating to the jurisdiction of courts in Scotland as to tutory and curatory; to amend the law relating to the recognition of divorces, annulments and legal separations; to make further provision with respect to the effect of divorces and annulments on wills; to amend the law relating to the powers of courts to make declarations relating to the status of a person; to abolish the right to petition for jactitation of marriage; to repeal the Greek Marriages Act 1884; to make further provision with respect to family proceedings rules; to amend the Child Abduction Act 1984, the Child Abduction (Northern Ireland) Order 1985 and the Child Abduction and Custody Act 1985; and for connected purposes.1986-11-07texttext/xmlenStatute Law Database2024-05-17Expert Participation2022-04-06 Family Law Act 1986s. 2A(1)(1A)Family Law Act 1996Sch. 8 para. 37(3)s. 67(3)Family Law Act 1986s. 2A(2)Family Law Act 1996Sch. 8 para. 37(4)s. 67(3)Family Law Act 1986s. 2A(3)Family Law Act 1996Sch. 8 para. 37(5)s. 67(3)Family Law Act 1986s. 2A(4)Family Law Act 1996Sch. 8 para. 37(6)s. 67(3)Family Law Act 1986s. 38(4)Family Law Act 1996Sch. 8 para. 37(9)s. 67(3)Family Law Act 1986s. 29AChildren (Scotland) Act 2020s. 29(2)s. 34(2)Family Law Act 1986s. 1(1)(ca)-(cc)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 7s. 160(1)Family Law Act 1986s. 19(1A)-(1C)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 8s. 160(1) Part IChapter II2A1The condition referred to in section 2(1) of this Act is that the ... proceedings are proceedings in respect of the marriage or civil partnership of the parents of the child concerned and—athe proceedings—iare proceedings for divorce or nullity of marriage , or dissolution or annulment of a civil partnership, andiiare continuing;bthe proceedings—iare proceedings for judicial separation or legal separation of civil partners,iiare continuing,and the jurisdiction of the court is not excluded by subsection (2) below; orcthe proceedings have been dismissed after the beginning of the trial but—ithe section 1(1)(a) order is being made forthwith, oriithe application for the order was made on or before the dismissal.2For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if—aafter the grant of a decree of judicial separation or the making of a judicial separation order, on the relevant date, proceedings for divorce or nullity in respect of the marriage, orbafter the making of a separation order, on the relevant date, proceedings for dissolution or annulment in respect of the civil partnership,are continuing in Scotland or Northern Ireland.3Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made—aan order under section 13(6) or 19A(4) of this Act (not being an order made by virtue of section 13(6)(a)(i)), orban order under section 14(2) or 22(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in England and Wales with respect to the child concerned.4Where a court—ahas jurisdiction to make a section 1(1)(a) order by virtue of section 2(1)(b)(i) of this Act, butbconsiders that it would be more appropriate for Part I matters relating to the child to be determined outside England and Wales,the court may by order direct that, while the order under this subsection is in force, no section 1(1)(a) order shall be made by any court by virtue of section 2(1)(b)(i) of this Act.S. 2A substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 64 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)Words in s. 2A(3)(a) substituted (4.11.1996) by S.I. 1995/756, art. 12(5); S.R. 1996/297, para. 3Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.Words in s. 2A(4) substituted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 9(a) (with reg. 20)Words in s. 2A(4) substituted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), regs. 1, 9(b) (with reg. 20)Words in s. 2A heading inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 6 (with art. 2(4))Word in s. 2A(1) omitted (5.12.2005) by virtue of The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(2)(a) (with art. 2(4))Words in s. 2A(1) inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(2)(b) (with art. 2(4))S. 2A(2) substituted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(3) (with art. 2(4))Words in s. 2A(1)(a)(i) inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(2)(c) (with art. 2(4))Words in s. 2A(1)(b)(i) inserted (5.12.2005) by The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 7(2)(d) (with art. 2(4))Words in s. 2A(2)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 51(2); S.I. 2022/283, reg. 2