Family Law Act 1986
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Change 1
11 Provisions supplementary to sections 9 and 10.
(1) Subject to subsection (2) below, the jurisdiction of the court to entertain an application for a Part I order with respect to a child by virtue of section 9, 10 or 15(2) of this Act is excluded if, on the date of the application, matrimonial or civil partnership proceedings are continuing in a court in any part of the United Kingdom in respect of the marriage or civil partnership of the parents of the child. (2) Subsection (1) above shall not apply in relation to an application for a Part I order if the court in which the matrimonial or civil partnership proceedings are continuing has made one of the following orders, that is to say— (a) an order under section 2A(4), 13(6) or 19A(4) of this Act (not being an order made by virtue of section 13(6)(a)(ii)); or (b) an order under section 5(2), 14(2) or 22(2) of this Act which is recorded as made for the purpose of enabling Part I proceedings with respect to the child concerned to be taken in Scotland or, as the case may be, in another court in Scotland, and that order is in force.
11 Provisions supplementary to sections 9 and 10.
(1) Subject to subsection (2) below, the jurisdiction of the court to entertain an application for a Part I order with respect to a child by virtue of section 9, 10 or 15(2) of this Act is excluded if, on the date of the application, matrimonial or civil partnership proceedings are continuing in a court in any part of the United Kingdom in respect of the marriage or civil partnership of the parents of the child. (2) Subsection (1) above shall not apply in relation to an application for a Part I order if the court in which the matrimonial or civil partnership proceedings are continuing has made one of the following orders, that is to say— (a) an order under section 2A(4), 13(6) or 19A(4) of this Act (not being an order made by virtue of section 13(6)(a)(ii)); or (b) an order under section 5(2), 14(2) or 22(2) of this Act which is recorded as made for the purpose of enabling Part I proceedings with respect to the child concerned to be taken in Scotland or, as the case may be, in another court in Scotland, and that order is in force.
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