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5.—(1) A magistrates' court for the commission area in which a child has habitual residence or, where the child has no habitual residence, for the commission area in which the child is present at the time when proceedings are commenced shall be the court authorised to hear an application in respect of the child under the Guardianship of Minors Act 1971 or Part II of the Children Act 1975.
(2) Where a child, having been habitually resident in a commission area, leaves or is removed from or retained outside that commission area, either without the agreement of the person or of all the persons having the right to determine where he is to reside or in contravention of an order made by a court in any part of the United Kingdom, he shall be regarded for the purposes of paragraph (1) above as continuing to be habitually resident in that commission area for the period of one year beginning with the date on which he left or was removed therefrom.
(3) This rule shall not apply in relation to proceedings commenced in a magistrates' court before 4th April 1988.
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