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The Family Law Act 1986 (Commencement No.1) Order 1988

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Statutory Instruments

1988 No. 375 (C.9)

CHILDREN AND YOUNG PERSONS

COUNTY COURTS

COURT OF SESSION, SCOTLAND

MAGISTRATES' COURTS

SUPREME COURT OF ENGLAND AND WALES

The Family Law Act 1986 (Commencement No.1) Order 1988

Made

2nd March 1988

The Lord Chancellor and the Lord Advocate, in exercise of the powers conferred on them by section 69(3) of the Family Law Act 1986(1), hereby make the following Order:—

1.  This Order may be cited as the Family Law Act 1986 (Commencement No.1) Order.

2.  The whole of the Family Law Act 1986, except paragraph 10 (3) of Schedule 1, shall, in so far as it is not already in force, come into force on 4th April 1988.

Mackay of Clashfern, C.

Cameron of Lochbroom

Dated 2nd March 1988

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 4th April 1988 the Family Law Act 1986, except paragraph 10(3) of Schedule 1, Sections 64 to 67 are already in force.

Under Part I jurisdictional bases are established for the granting or custody orders which will be recognised in each of the other parts of the United Kingdom. A procedure is provided for the recognition and enforcement in each part of the United Kingdom of custody orders made in another part. Finally, the powers of the courts when making or enforcing custody orders are widened.

Under Part II provision is made for the recognition of divorces, annulments and judicial separations granted both within the British Islands and, in certain circumstances, overseas.

Part III set out a legislative framework based on consistent principles to determine declaratory relief in matters of marital status, legitimacy, legitimation and adoptions effected overseas. This Part applies only to England and Wales. Part IV deals with various miscellaneous and general matters.

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