Family Law Act 1986
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Change 1
20 Habitual residence or presence of child.
(1) The condition referred to in section 19(1)(b)(ii) of this Act is that on the relevant date the child concerned— (a) is habitually resident in Northern Ireland, or (b) is present in Northern Ireland and is not habitually resident in any part of the United Kingdom, and, in either case, the jurisdiction of the court is not excluded by subsection (2) below. (2) For the purposes of subsection (1) above. the jurisdiction or the court is excluded if, on the relevant date, matrimonial proceedings or civil partnership proceedings are continuing in a court in England and Wales or Scotland in respect of the marriage or civil partnership of the parents of the child concerned. (3) Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made— (a) an order under section 2A(4) or 13(6) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or (b) an order under section 5(2) or 14(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 Northern Ireland, and that order is in force. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Habitual residence or presence of child.
(1) The condition referred to in section 19(1)(b)(ii) of this Act is that on the relevant date the child concerned— (a) is habitually resident in Northern Ireland, or (b) is present in Northern Ireland and is not habitually resident in any part of the United Kingdom, and, in either case, the jurisdiction of the court is not excluded by subsection (2) below. (2) For the purposes of subsection (1) above. the jurisdiction or the court is excluded if, on the relevant date, matrimonial proceedings or civil partnership proceedings are continuing in a court in England and Wales or Scotland in respect of the marriage or civil partnership of the parents of the child concerned. (3) Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made— (a) an order under section 2A(4) or 13(6) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or (b) an order under section 5(2) or 14(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 Northern Ireland, and that order is in force. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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