Family Law Act 1986
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Change 1
2 Jurisdiction: general.
(1) A court in England and Wales shall not make a section 1(1)(a) order with respect to a child unless— (a) it has jurisdiction under ... the Hague Convention , or (b) the Hague Convention does not apply but— (i) the question of making the order arises in or in connection with matrimonial proceedings or civil partnership proceedings and the condition in section 2A of this Act is satisfied, or (ii) the condition in section 3 of this Act is satisfied. (2A) A court in England and Wales shall not have jurisdiction to make a special guardianship order under the Children Act 1989 unless the condition in section 3 of this Act is satisfied. (2B) A court in England and Wales shall not have jurisdiction to make an order under section 26 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied. (2C) A court in England and Wales shall not have jurisdiction to make an order under section 51A of the Adoption and Children Act 2002 unless— (a) it has jurisdiction under ... the Hague Convention, or (b) the Hague Convention does not apply but the condition in section 3 of this Act is satisfied. (3) A court in England and Wales shall not make a section 1(1)(d) order unless— (a) it has jurisdiction under ... the Hague Convention , or (b) the Hague Convention does not apply but— (i) the condition in section 3 of this Act is satisfied, or (ii) the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.
2 Jurisdiction: general.
(1) A court in England and Wales shall not make a section 1(1)(a) order with respect to a child unless— (a) it has jurisdiction under ... the Hague Convention , or (b) the Hague Convention does not apply but— (i) the question of making the order arises in or in connection with matrimonial proceedings or civil partnership proceedings and the condition in section 2A of this Act is satisfied, or (ii) the condition in section 3 of this Act is satisfied. (2A) A court in England and Wales shall not have jurisdiction to make a special guardianship order under the Children Act 1989 unless the condition in section 3 of this Act is satisfied. (2B) A court in England and Wales shall not have jurisdiction to make an order under section 26 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied. (2C) A court in England and Wales shall not have jurisdiction to make an order under section 51A of the Adoption and Children Act 2002 unless— (a) it has jurisdiction under ... the Hague Convention, or (b) the Hague Convention does not apply but the condition in section 3 of this Act is satisfied. (3) A court in England and Wales shall not make a section 1(1)(d) order unless— (a) it has jurisdiction under ... the Hague Convention , or (b) the Hague Convention does not apply but— (i) the condition in section 3 of this Act is satisfied, or (ii) the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.
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