HC Deb 23 October 1989 vol 158 cc537-8

7. In this Chapter—

  1. (a) 'child' means a person who has not attained the age of eighteen;
  2. (b) 'matrimonial proceedings' means proceedings for divorce, nullity of marriage or judicial separation;
  3. (c) 'the relevant date' means in relation to the making or variation of an order—
    1. (i) where an application is made for an order to be made or varied, the date of the application (or first application, if two or more are determined together), and
    2. (ii) where no such application is made, the date on which the court is considering whether to make or, as the case may be, vary the order; and
  4. (d) 'section 1(1)(a) order' and 'section 1(1)(d) order' mean orders falling within section 1(1)(a) and (d) of this Act respectively."

35G. In each of the following sections—

  1. (a) section 11(2)(a) (provisions supplementary to sections 9 and 10),
  2. (b) section 13(5)(a) (jurisdiction ancillary to matrimo-nial proceedings),
  3. (c) section 20(3)(a) (habitual residence or presence of child),
  4. (d) section 21(4)(a) (jurisdiction in divorce proceedings, etc.), and
  5. (e) section 23(4)(a) (duration and variation of custody orders),

for "4(5)" there shall be substituted "2A(4)".

35H. In each of the following sections—

  1. (a) section 19(2) (jurisdiction in cases other than divorce, etc.),
  2. (b) section 20(6) (habitual residence or presence of child), and
  3. (c) section 23(5) (duration and variation of custody orders),

for "section 1(1)(d)" there shall be substituted "section 1(1)(e)".

35I. In section 34(3) (power to order recovery of child) for paragraph (a) there shall be substituted—

"(a) section (Enforcement of residence orders) of the Children Act 1989".

35J.—(1) In section 42 (general interpretation of Part I), in subsection (4)(a) for the words "has been boarded out with those parties" there shall be substituted "is placed with those parties as foster parents".

(2) In subsection (6) of that section, in paragraph (a) after the word "person" there shall be inserted "to be allowed contact with or".'.

No. 435, in page 148, line 14, at end insert—