Case No. SE21P00182

6.The relevant provisions of the FLA 1986 are: 1 Orders to which Part I applies. (1) Subject to the following provisions of this section, in this Part “Part I order” means—(a) a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order… There is no dispute that the father’s application is for such an order. 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.As noted, the 1996 Hague Convention does not apply and therefore does not confer jurisdiction in this case. Given the agreement that A is neither habitually resident nor present in this jurisdiction, the condition under section 3 of the Act does not apply. Hence, the relevant provision is at s.2(1)(b)(i). 2A Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings. (1) The condition referred to in section 2(1) of this Act is that the proceedings are proceedings in respect of the marriage or civil partnership of the parents of the child concerned and—(a) the proceedings—(i) are proceedings for divorce or nullity of marriage, or dissolution or annulment of a civil partnership, and(ii) are continuing;The parties agree that the matrimonial proceedings were in respect of their marriage, they are the parents of the child concerned, A, and the proceedings were for divorce. There remains an issue of whether the proceedings are “continuing”. 42 General interpretation of Part I. (2) For the purposes of this Part proceedings in England and Wales or in Northern Ireland for divorce, nullity or judicial separation in respect of the marriage of the parents of a child shall, unless they have been dismissed, be treated as continuing until the child concerned attains the age of eighteen (whether or not a decree has been granted and whether or not, in the case of a decree of divorce or nullity of marriage, that decree has been made absolute).