HC Deb 23 October 1989 vol 158 cc535-6

35A.—(1) The Family Law Act 1986 shall be amended as follows.

(2) Subject to paragraphs 35B to 35J, in Part I—

  1. (a) for the words "custody order", in each place where they occur, there shall be substituted "Part I order";
  2. (b) for the words "proceedings with respect to the custody of', in each place where they occur, there shall be substituted "Part I proceedings with respect to"; and
  3. (c) for the words "matters relating to the custody of", in each place where they occur, there shall be substituted "Part I matters relating to".

(3) For section 42(7) (general interpretation of Part I) there shall be substituted—

"(7) In this Part—

  1. (a) references to Part I proceedings in respect of a child are references to any proceedings for a Part I order or an order corresponding to a Part I order and include, in relation to proceedings outside the United Kingdom, references to proceedings before a tribunal or other authority having power under the law having effect there to determine Part I matters; and
  2. (b) references to Part I matters are references to matters that might be determined by a Part I order or an order corresponding to a Part I order."

35B.—(1) In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)—

(a) for paragraph (a) there shall be substituted—

"(a) a section 7 order by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order"; and

(b) for paragraph (d) there shall be substituted the following paragraphs—

"(d) an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—

  1. (i) so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but
  2. (ii) excluding an order varying or revoking such an order;

(e) an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship—

  1. (i) so far as it gives care and control of a child to any person or provides for the education of or access to a child; but
  2. (ii) excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board."

(2) In subsection (2) of that section, in paragraph (c) for "(d)" there shall be substituted "(e)".

(3) For subsections (3) to (5) of that section there shall be substituted—

"(3) In this Part, 'Part I order'—

  1. (a) includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendments by the Children Act 1989; and
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  2. (b) (subject to sections 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form."

35C. For section 2 there shall be substituted the following sections—